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Quashed On Legal Grounds14 June 20213270434

Land at the Rear of Nos. 254, 254A and The Barn, High Greave, Sheffield, S5 9GR

Planning appeal 3270434 at Land at the Rear of Nos. 254, 254A and The Barn, High Greave, Sheffield, S5 9GR (Sheffield City Council) was decided (quashed on legal grounds) on 14 June 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice correctly alleges a material change of use or operational development.

without planning permission, the unauthorised change of use of the Land to its use for purposes incidental to the adjacent residential property 254A High Greave and the erection of a timber building that facilitates and is integral to that use of the Land

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Rogers B
Postcode
S5 9GR

Main issues, as the Inspector framed them

  • Whether the enforcement notice correctly alleges a material change of use or operational development
  • Whether the development had been substantially complete for more than four years prior to the issue of the enforcement notice, such that no enforcement action could be taken under ground (d)

What decided it

The development had been substantially complete for more than four years prior to the issue of the enforcement notice, rendering it immune from enforcement action under ground (d).

What the Inspector cited

Judgments
Murfitt v SSE and E.Cambridgeshire DC [1980] 40 P&CR 254; Somak Travel v SSE & Brent LBC [1987] JPL 630; Perkins v SSE & Rother Valley DC [1981]; Kestrel Hydro v SSCLG [2016] COA; Parkes v SSE [1979] 1 All ER 21172

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 applied

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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