®Planning appeal decision
Land at Goodacre Farm Lawn Lane, Coven, Wolverhampton, WV9 5BA
Planning appeal 3264074 at Land at Goodacre Farm Lawn Lane, Coven, Wolverhampton, WV9 5BA (South Staffordshire District Council) was allowed in part (a split decision) on 6 December 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity or invalid.
without planning permission, the making of a material change of use of Land, to Land used for storage purposes including the parking and storage of commercial vehicles, commercial trailers including commercial box trailers, curtain side trailers and porta cabins together with waste materials on the Land outlined in red for identification purposes on the plan attached to this Notice
- Authority
- South Staffordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Shields T
- Postcode
- WV9 5BA
Main issues, as the Inspector framed them
- Whether the enforcement notice is a nullity or invalid
- Whether copies of the enforcement notice were properly served
- Whether the matters alleged constitute a breach of planning control
- Whether the breach is immune from enforcement action due to passage of time
- Whether the requirements of the notice exceed what is necessary to remedy the breach
- Whether the period for compliance is reasonable
What decided it
The appellant failed to demonstrate on the balance of probability that the commercial storage use had been carried out continuously for 10 years prior to the enforcement notice being issued, with photographic evidence and local resident testimony indicating the land was primarily agricultural before 2019.
What the Inspector cited
- Judgments
- Oates v SoCLG and Canterbury [2017] EWHC 27166; Oates v SSCLG [2018] EWCA civ 2229; Miller Mead v MHLG [1963] 1 A11 ER 459; Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777
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 appliedThe 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.
With an account
What an account adds to this decision
More decisions in South Staffordshire District Council
The authority’s record since 2016 · every decision in 2021
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- Dismissed12 August 20266010048Hilton Colliery Farm Cottage, Red Lane, Essington, WV11 2RD
- Dismissed15 July 20266007394White Lodge, Old Stafford Road, Slade Heath, WV10 7PH
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.