Land to the Rear of 401 Holcombe Road, Helmshore, Rossendale, Lancashire, BB4 4NF

Planning appeal 3267164 at Land to the Rear of 401 Holcombe Road, Helmshore, Rossendale, Lancashire, BB4 4NF (Rossendale Borough Council) was decided (quashed on legal grounds) on 27 October 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: BB4 4NF

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 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.