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Planning appeal decision

Quashed On Legal Grounds22 September 20213264098

Land at Lake Cottage, 13 Bestmans Lane, Kempsey, Worcester, WR5 3QA

Planning appeal 3264098 at Land at Lake Cottage, 13 Bestmans Lane, Kempsey, Worcester, WR5 3QA (Malvern Hills District Council) was decided (quashed on legal grounds) on 22 September 2021 by Inspector Hirst V, by written representations. The main issue, as the Inspector framed it: Whether the listed building enforcement notice is valid and certain in its requirements.

Erection of a conservatory (unauthorised works to a listed building)

Authority
Malvern Hills District Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hirst V
Postcode
WR5 3QA

Main issues, as the Inspector framed them

  • Whether the listed building enforcement notice is valid and certain in its requirements

What decided it

The enforcement notice is uncertain on its face as to what the recipient is required to do to fully comply with it, rendering it a nullity without legal effect.

The decision letter

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More decisions in Malvern Hills

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

  1. Notice varied and upheld20 August 20263376591
    54 Malvern Road, Powick, Worcester, WR2 4RT
  2. Allowed2 April 20263363143
    Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
  3. Notice upheld25 March 20253346544
    Land Adjoining Fartown Farm, Pensax, Abberley, Worcester, WR6 6AE
  4. Split Decision18 November 20243342762
    Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
  5. Planning permission granted18 September 20243334212
    Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS

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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