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Planning appeal decision

Notice varied and upheld16 July 20213261339

Waterside Business Park, Brettell Lane, Brierley Hill, DY5 3LH

Planning appeal 3261339 at Waterside Business Park, Brettell Lane, Brierley Hill, DY5 3LH (Dudley Metropolitan Borough Council) was allowed in part (a split decision) on 16 July 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have in fact occurred and, if so, whether they constitute a breach of planning control (failure to comply with condition 11 of planning permission 97/51613).

Authority
Dudley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Hanson S

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have in fact occurred and, if so, whether they constitute a breach of planning control (failure to comply with condition 11 of planning permission 97/51613)

What decided it

The Inspector's direct observation at the site visit that roller shutter and pedestrian doors remained open beyond the time reasonably required for access, combined with the Council's monitoring evidence and complaint history, established on the balance of probability that condition 11 had been breached.

What the Inspector cited

Development plan policies
Policy D2 – Incompatible Land UsesPolicy D5 – Noise Pollution
National Planning Policy Framework
Paragraph 55

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Dudley

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

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  2. Dismissed10 July 20266006635
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  3. Allowed27 March 20263368014
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  4. Notice upheld25 February 20263372572
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  5. Notice upheld9 December 20253370696
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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.

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.