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Planning appeal decision

Notice varied and upheld28 November 20223272573

Hiltons Farm, 2 Jane Lane, Midge Hall,, Leyland, Lancashire, PR26 6TQ

Planning appeal 3272573 at Hiltons Farm, 2 Jane Lane, Midge Hall,, Leyland, Lancashire, PR26 6TQ (South Ribble Borough Council) was allowed in part (a split decision) on 28 November 2022 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: Ground (c): whether the matters alleged, if they occurred, constitute a breach of planning control (whether the appeal site benefits from planning permission).

Material change of use of land and buildings to a mixed use of agricultural and agricultural engineering, general engineering and fabrication of agricultural buildings and storage, plus two pole mounted floodlights erected on building 4

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Madge M
Postcode
PR26 6TQ

Main issues, as the Inspector framed them

  • Ground (c): whether the matters alleged, if they occurred, constitute a breach of planning control (whether the appeal site benefits from planning permission)
  • Ground (d): whether the matters alleged have achieved immunity from enforcement action due to the passage of time
  • Ground (f): whether the steps required by the notice exceed what is reasonably necessary to remedy the breach of planning control or the injury to amenity

What decided it

The Inspector found, on the balance of probability, that the appeal site fell outside the area to which the 1999 planning permission applied and that the appellant had not proven continuous use for the required 10-year immunity period.

The decision letter

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More decisions in South Ribble

The authority’s record since 2016 · every decision in 2022

  1. Planning permission granted28 May 20263364602
    Victorian Plumbing, Sustainability Way, Farington Moss, Leyland, PR26 6TB
  2. Notice varied and upheld27 May 20253329753
    92 Chain House Lane, Whitestake, Preston, PR4 4LB
  3. Notice varied and upheld25 September 20233302611
    Penwortham Residential Park, Park Road, Stricklands Lane, Penwortham, Preston, PR1 9YD
  4. Notice upheld27 February 20233300562
    Lynbrook, Dob Lane, Walmer Bridge, Little Hoole, PR4 4SU
  5. Dismissed27 February 20233298537
    Lynbrook, Dob Lane, Walmer Bridge, Little Hoole, Lancashire, PR4 4SU

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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