®Planning appeal decision
Thornborough Farm Redhill Road, Kings Norton, BIRMINGHAM, B38 9EH
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
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.
Plan policies cited: Policy BDP4, Policy BDP15, Policy BDP19
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.