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Planning appeal decision

Notice upheld30 June 20213258446

Land at Eldon Brickworks, Eldon Estates, Eldon, DL14 8AE

Planning appeal 3258446 at Land at Eldon Brickworks, Eldon Estates, Eldon, DL14 8AE (Durham County Council) was dismissed on 30 June 2021 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served on all persons with an interest in the land (ground e).

Without planning permission the material change of use of Land for the importation and processing of waste

Authority
Durham County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Gray E
Postcode
DL14 8AE

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served on all persons with an interest in the land (ground e)
  • Whether the time given to comply with the notice is too short (ground g)

What decided it

The fire damage to the site, the appellants' financial circumstances (no income since July 2020, no insurance, estimated £150,000–£200,000 removal cost), and pandemic restrictions made six weeks unreasonably tight, whereas four months would allow time for site sale and loan arrangement.

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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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