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Dismissed2 September 20223268796

Castlegate, Stanley, Wakefield, LS26 8HH

Planning appeal 3268796 at Castlegate, Stanley, Wakefield, LS26 8HH (Wakefield Metropolitan District Council) was dismissed on 2 September 2022 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the matters stated in the enforcement notice have occurred (ground b).

Without planning permission, the unauthorised change of use of agricultural land to use of land for open storage and stationing of 2 No steel shipping containers and trailer for storage use associated w ith a commercial business activity; and associated unauthorised operational development comprising laying out of a hardstanding area; erection of a 2m high close boarded solid timber fence; the erection of steel boundary mesh fencing and gates and formation of earth bunds along the western boundary and northern in excess of 1 metre height adjacent to M62 strategic highway

Authority
Wakefield Metropolitan District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Willows P
Postcode
LS26 8HH

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice have occurred (ground b)
  • Whether the matters stated in the notice constitute a breach of planning control (ground c)
  • Whether enforcement action could be taken at the date the notice was issued (ground d)

What decided it

The hardstanding was formed in May 2020, within the four-year enforcement period for operational development, whereas the earth bunds were formed in February 2015 and were time-barred.

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.

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