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Planning appeal decision

Quashed On Legal Grounds18 June 20213263263

Land on the East Side of Cat Hill Lane , Hoylandswaine, S36 7GD

Planning appeal 3263263 at Land on the East Side of Cat Hill Lane , Hoylandswaine, S36 7GD (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 18 June 2021 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: The notice must tell the recipient fairly what they have done wrong and what they must do to remedy it.

without planning permission, the carrying out of operational development under S55 of the Town and Country Planning Act; namely engineering operations including excavations to alter the profile of the land and laying aggregate material

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other minor developments
Inspector
Franks Z
Postcode
S36 7GD

Main issues, as the Inspector framed them

  • The notice must tell the recipient fairly what they have done wrong and what they must do to remedy it

What decided it

The enforcement notice failed to specify with sufficient clarity the alleged breach of planning control and could not be corrected without causing injustice.

The decision letter

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More decisions in Barnsley

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

  1. Notice varied and upheld12 August 20263364210
    36 Littleworth Lane, Monk Bretton, Barnsley, S71 2JR
  2. Notice varied and upheld14 July 20253327125
    Land on the East Side of Haigh Lane, Holyandswaine, S36 7JQ
  3. Notice upheld28 May 20253338150
    12 Hallgate, Thurnscoe, Rotherham, S63 0TU
  4. Notice upheld14 April 20253329363
    30 Church Way, Tankersley, Pilley, S75 3FP
  5. Planning permission granted19 March 20253332852
    Hay Green Barn Hay Green Lane, Birdwell, Barnsley, S70 5XE

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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