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Planning appeal decision

Quashed On Legal Grounds12 July 20213269420

10 Sycamore Cottages, Treetops Close, Dobcross, Oldham, OL3 5BT

Planning appeal 3269420 at 10 Sycamore Cottages, Treetops Close, Dobcross, Oldham, OL3 5BT (Oldham Metropolitan Borough Council) was decided (quashed on legal grounds) on 12 July 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control.

the continued use of the log cabin adjacent to the dwelling on the Land as a holiday let despite the refusal of planning permission for the use

Authority
Oldham Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Moore D
Postcode
OL3 5BT

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control
  • Whether the notice can be corrected under section 176(1)(a) of the Town and Country Planning Act 1990
  • The applicable time limit for taking enforcement action under section 171B of the 1990 Act

What decided it

The enforcement notice failed to specify with sufficient clarity the alleged breach of planning control and could not be corrected without causing injustice to the appellants.

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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