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Quashed On Legal Grounds3 September 20213273089

93 Fitzwilliam Road, Rotherham, S65 1PS

Planning appeal 3273089 at 93 Fitzwilliam Road, Rotherham, S65 1PS (Rotherham Metropolitan Borough Council) was decided (quashed on legal grounds) on 3 September 2021 by Inspector Willows P, 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 and the steps required for compliance.

Unauthorised siting of takeaway container unit

Authority
Rotherham Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Willows P

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice failed to tell the recipient fairly what had been done wrong and what must be done to remedy it, and the Inspector could not correct these defects without causing injustice to one or both parties.

What the Inspector cited

Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459

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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More decisions in Rotherham

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

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  5. Dismissed13 May 20266005933
    81, Lister Street, Rotherham, S65 2AX

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.