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Planning appeal decision

Quashed On Legal Grounds27 October 20213267164

Land to the rear of 401 Holcombe Road, Helmshore, ROSSENDALE, Lancashire, BB4 4NF

Without the benefit of planning permission, operational development comprising the excavation of an agricultural field to extend the residential curtilage of No.401 Holcombe Road, facilitating the material change of use of land from agricultural use to residential use

Authority
Rossendale Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Pleasant L

Main issues, as the Inspector framed them

  • Whether as a matter of fact and degree there was a material change in the use of the Land from a lawful agricultural use to a residential use facilitated by operational development comprising the excavation of the field

What decided it

The land retained the appearance of rough grassland with no fixed outdoor seating, domestic paraphernalia, or discernible change in character despite occasional use for sitting out, and therefore no material change of use from agricultural to residential had occurred.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.