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Quashed On Legal Grounds10 June 20213260841

Land Adjacent Brookside House, Water Street, Wigton, Cumbria, CA7 9AN

Planning appeal 3260841 at Land Adjacent Brookside House, Water Street, Wigton, Cumbria, CA7 9AN (Allerdale Borough Council *) was decided (quashed on legal grounds) on 10 June 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with the requirements of section 173 of the Town and Country Planning Act 1990, specifically whether it clearly states the breach of planning control and specifies with sufficient clarity the steps required for compliance.

the development has not been build [sic] in accordance with the approved details on planning application 2/2010/0633

Authority
Allerdale Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Whitfield J

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with the requirements of section 173 of the Town and Country Planning Act 1990, specifically whether it clearly states the breach of planning control and specifies with sufficient clarity the steps required for compliance

What decided it

The enforcement notice failed to specify with sufficient clarity either the alleged breach of planning control or the steps required for compliance, rendering it invalid and incapable of correction without causing injustice.

The decision letter

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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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