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Planning appeal decision

Quashed On Legal Grounds13 June 20223256803

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.