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Planning appeal decision

Quashed On Legal Grounds16 September 20213257704

Land at Berry Farm, Upper Bourne End Lane, Hemel Hempstead, HP1 2RR

Planning appeal 3257704 at Land at Berry Farm, Upper Bourne End Lane, Hemel Hempstead, HP1 2RR (Dacorum Borough Council) was decided (quashed on legal grounds) on 16 September 2021 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the site from agricultural to pig breeding enterprise with associated operational development constitutes a breach of planning control.

without planning permission the material change of use of land from agricultural to, pig breeding enterprise, with associated operational development

Authority
Dacorum Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Major retail and services
Inspector
Boffin D

Main issues, as the Inspector framed them

  • Whether the material change of use of the site from agricultural to pig breeding enterprise with associated operational development constitutes a breach of planning control

What decided it

The use of the appeal site as a pig breeding enterprise, whether or not falling within the statutory definition of agriculture, did not result in a material change of use of the land because the character and impacts were similar to those of an agricultural smallholding.

The decision letter

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More decisions in Dacorum

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

  1. Notice upheld14 July 20263350930
    Land Adjancet to The Old Brickworks, Spring Garden Lane, Northchurch, Herts, HP4 3GY
  2. Quashed On Legal Grounds20 April 20263352778
    Land Lying to the South-East of Cupid Green Lane, Hemel Hempstead, Hertfordshire, HP2 6HN
  3. Planning permission granted15 April 20263361818
    Land to the Rear of 22 Brook Street, Tring, Hertfordshire, HP23 5EF
  4. Notice upheld17 February 20263348971
    The Factory Church End, Markyate, St. Albans, AL3 8PY
  5. Notice upheld8 January 20263352829
    16 High Street, Hemel Hempstead, HP1 3AE

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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