®Planning appeal decision
Thornborough Farm Redhill Road, Kings Norton, Birmingham, B38 9EH
Planning appeal 3268859 at Thornborough Farm Redhill Road, Kings Norton, Birmingham, B38 9EH (Bromsgrove District Council) was allowed in part (a split decision) on 16 September 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the building is immune from enforcement action due to the passage of time (ground d).
a. Without planning permission, the carrying out of a material change of use of the Land from agricultural use to a mixed use comprising residential, agriculture, dog breeding and equine use. b. Without planning permission, the carrying out of operational development on the Land consisting of the erection of building (incorporating a pre-existing static caravan into structure) for residential habitation, storage, breeding of dogs, office and rest facilities in the location edged in green on the Plan in association with the mixed use identified at a. above. c. Without planning permission, the carrying out of operational development on the Land consisting of the stationing of a steel container in the position marked ‘Y’ on the Plan. together “the unauthorised development
- Authority
- Bromsgrove District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Shields T
- Postcode
- B38 9EH
Main issues, as the Inspector framed them
- Whether the building is immune from enforcement action due to the passage of time (ground d)
- Whether planning permission should be granted for the breaches of planning control alleged in the enforcement notice (ground a/deemed application)
- Whether the period for compliance with the enforcement notice requirements is reasonable (ground g)
What decided it
The appellant failed to establish on the balance of probability that the building was substantially completed before 3 June 2016, the relevant date for immunity purposes, and failed to provide quantifiable details of agricultural activities to justify the building's size and design in accordance with local plan policies.
What the Inspector cited
- Development plan policies
- Policy BDP4Policy BDP15Policy BDP19
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Bromsgrove District Council
The authority’s record since 2016 · every decision in 2021
- Planning permission granted25 March 20253327300Holt Farm, Naylors Barn, Holt Lane, Romsley, B62 0ND
- Dismissed24 September 20243332759Primrose Nurseries, Fairfield Road, Bournheath, Worcestershire, B61 9JJ
- Notice varied and upheld2 September 20243324586Land at Firs Farm, 244 Old Birmingham Road, Marlbrook, B60 1NS
- Planning permission granted13 February 20243312327Parkland House, Brockhill Lane, Beoley, Redditch, Worcestershire, B98 9DA
- Allowed10 November 20233321060Sugarbrook Nurseries, Sugarbrook Lane, Bromsgrove, Worcestershire, B60 3AU
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.