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Planning appeal decision

Dismissed7 July 20213267039

Bidford Grange, Bidford on Avon, B50 4LY

Planning appeal 3267039 at Bidford Grange, Bidford on Avon, B50 4LY (Stratford-on-Avon District Council) was dismissed on 7 July 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: whether the deemed refusal to grant a certificate of lawful use or development was well-founded, specifically whether planning permission 13/00789/VAR1 had been lawfully commenced within the meaning of Section 56(4) of the Act notwithstanding non-compliance with pre-commencement conditions 4, 7, 9 and 15.

Planning permission lawfully commenced within the meaning of Section 56(4) of the Town and Country Planning Act 1990, notwithstanding all pre-commencement conditions have not been discharged

Authority
Stratford-on-Avon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hanson S
Postcode
B50 4LY

Main issues, as the Inspector framed them

  • whether the deemed refusal to grant a certificate of lawful use or development was well-founded, specifically whether planning permission 13/00789/VAR1 had been lawfully commenced within the meaning of Section 56(4) of the Act notwithstanding non-compliance with pre-commencement conditions 4, 7, 9 and 15

What decided it

The four pre-commencement conditions (particularly conditions 4, 7 and 15) were true conditions precedent going to the heart of the permission and had not been discharged, therefore the operations undertaken did not serve to begin the development lawfully.

What the Inspector cited

Judgments
F G Whitley and Sons v Secretary of State for Wales and Clwyd CC [1991] JPL 856; R (oao Hart Aggregates Ltd) v Hartlepool BC 2005 EWHC 840 (Admin); Greyfort Properties Ltd v Sec. of State for Communities & Local Govt. [2011] EWCA Civ 908

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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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.