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Planning appeal decision

Quashed On Legal Grounds3 September 20213273089

93 Fitzwilliam Road, ROTHERHAM, S65 1PS

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.