Planning appeal decision
Lower Wild Boar Barn (Known as Cottage), Rawcliffe Road, St. Michaels, PRESTON, PR3 0UH
- Authority
- Wyre Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- whether the development constitutes an acceptable form of development with regard to the provisions of local and national policy in respect of the development's location, flood risk and the character and appearance of the countryside
- if the development is not acceptable, whether any harm would be outweighed by other considerations
What decided it
The substantial completion of the building and gas storage tank before the material date rendered them immune from enforcement, and the resulting permanency of the building outweighed the conflict with countryside location policies on the deemed planning application.
The conflict with Policies SP1, SP4 and CDMP2 was outweighed by the permanency of the building, the risk of dereliction and reduced visual quality arising from a nil use, the benefit of maintaining the building through continued residential use, and the absence of any alternative lawful use for the building.
Plan policies cited: Policy SP1, Policy SP4, Policy CDMP2, Policy CDMP3
Judgments cited: Welwyn Hatfield Council v SSCLG [2011] UKSC 15 2 AC 304; Sage v SSETR & Maidstone BC [2003] UKHL 22
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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