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Planning appeal decision

Notice varied and upheld29 December 20213257270

The Building Known As Middle Lodge, Chetwynd Road, Newport, Shropshire, TF10 8AA

Planning appeal 3257270 at The Building Known As Middle Lodge, Chetwynd Road, Newport, Shropshire, TF10 8AA (Telford and Wrekin Council) was allowed in part (a split decision) on 29 December 2021 by Inspector Boffin D, following a hearing. The main issue, as the Inspector framed it: Whether the removal of the rainwater goods constitutes a contravention of listed building control (ground (c)).

Listed building enforcement notice alleging unauthorised removal of roof tiles, metal casement windows, front door, decorative timber finials, chimney pots, twist balusters and rainwater goods at Middle Lodge

Authority
Telford and Wrekin Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Hearing
Development
other · Householder developments
Inspector
Boffin D
Postcode
TF10 8AA

Main issues, as the Inspector framed them

  • Whether the removal of the rainwater goods constitutes a contravention of listed building control (ground (c))
  • Whether the wording of the requirements of the notice exceeds what is necessary to restore the building to its former state (ground (g))
  • Whether the six month compliance period specified in the notice is reasonable (ground (h))

What decided it

The discovery and acceptance of the 1997 listed building consent as authorising the removal of the rainwater goods was decisive in allowing the ground (c) appeal, while reasoned adjustments to wording and timing determined the outcome of grounds (g) and (h).

The benefit of allowing more time for a comprehensive refurbishment scheme funded by new housing was outweighed by the risks of continuing vacancy, vandalism and deterioration, leading the Inspector to allow 12 rather than the requested 24 months for compliance.

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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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