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Planning appeal decision

Notice upheld27 August 20213272358

Land at 266 Whalley Road, Clayton-le-Moors, Accrington, BB5 5HE

Planning appeal 3272358 at Land at 266 Whalley Road, Clayton-le-Moors, Accrington, BB5 5HE (Hyndburn Borough Council) was dismissed on 27 August 2021 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the material change of use has occurred (ground b).

the material change of use of the property from a commercial showroom (Class A1) to a residential development comprising of 12 self-contained flats (Class C3), and the installation of doors and windows onto external elevations materially changing the external appearance of the building

Authority
Hyndburn Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
BB5 5HE

Main issues, as the Inspector framed them

  • Whether the material change of use has occurred (ground b)
  • Whether the change of use is permitted development (ground c)
  • Whether the enforcement notice was served on the correct persons and addresses (ground e)
  • Whether the requirements of the notice are excessive (ground f)
  • Whether the compliance periods are reasonable (ground g)

What decided it

The material change of use had occurred and was not permitted development, and the enforcement notice was properly served with reasonable requirements and compliance periods.

The decision letter

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More decisions in Hyndburn

The authority’s record since 2016 · every decision in 2021

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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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