Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld31 October 20223260558

Plot 1CB, Severnside Farm, Walham, Gloucester, GL2 9NF

Planning appeal 3260558 at Plot 1CB, Severnside Farm, Walham, Gloucester, GL2 9NF (Tewkesbury Borough Council) was allowed in part (a split decision) on 31 October 2022 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notices are null or invalid.

Multiple breaches of planning control including raising of land levels through importation of spoil and waste material, material change of use to depositing of materials, erection of hoarding, siting of mobile homes for residential use, and formation of access tracks

Authority
Tewkesbury Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Russell J

Main issues, as the Inspector framed them

  • Whether the enforcement notices are null or invalid
  • Whether copies of the notices were served as required by section 172 of the Town and Country Planning Act 1990
  • Whether the matters alleged in the notices constitute breaches of planning control
  • Whether enforcement action could be taken within the relevant time limits
  • Whether the requirements of the notices exceed what is necessary to remedy the breaches

What decided it

Notices 1b and 6 did not specify the alleged land use that the mobile homes facilitated with sufficient clarity to enable the appellant to know what breach was alleged, rendering them invalid and requiring quashing; all other notices were upheld with technical corrections to the plans.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

40 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Tewkesbury

The authority’s record since 2016 · every decision in 2022

  1. Allowed3 July 20263362936
    Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA
  2. Dismissed7 May 20263348446
    Plot 6, Warren Fruit Farm, Cheltenham, GL54 5BN
  3. Notice upheld7 May 20263341916
    Plot 10, Warren Fruit Farm, Evesham Road, Greet, Gloucestershire, GL54 5BN
  4. Notice varied and upheld7 May 20263341850
    Evesham Road, Greet, Gloucestershire, GL54 5BN
  5. Notice varied and upheld12 February 20263360223
    Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.