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Planning appeal decision

Quashed On Legal Grounds8 February 20223273259

Land To The North Of Claverley Cricket Ground, Claverley, Wolverhampton, Shropshire, WV5 7AE

Planning appeal 3273259 at Land To The North Of Claverley Cricket Ground, Claverley, Wolverhampton, Shropshire, WV5 7AE (Shropshire County Council) was decided (quashed on legal grounds) on 8 February 2022 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the alleged material change of use of the land to a mixed use of agriculture and storage of vehicles and materials in association with non-agricultural commercial use has occurred as a matter of fact.

without planning permission, the material change of use of the land to a mixed use of agricultural and for storage associated with non-agricultural commercial use, namely storage of vehicles and materials in association with the carrying on of other businesses

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Shields T
Postcode
WV5 7AE

Main issues, as the Inspector framed them

  • Whether the alleged material change of use of the land to a mixed use of agriculture and storage of vehicles and materials in association with non-agricultural commercial use has occurred as a matter of fact

What decided it

The uncontradicted statutory declarations from the appellant and her husband, sworn on oath and supported by the completed planning contravention notice questionnaire, established on the balance of probabilities that no material change of use to mixed agriculture and storage had occurred, as the Council provided insufficient direct evidence to contradict this account.

The decision letter

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More decisions in Shropshire

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

  1. Allowed7 July 20263378204
    Orchard Cottage, Ashford Carbonell, Shropshire, SY8 4BX
  2. Notice upheld31 March 20263368306
    Land at Woodview , Newcastle on Clun, Shropshire, SY7 8PE
  3. Allowed30 March 20266003194
    Hengoed Fields, Upper Hengoed, Oswestry, Shropshire, SY10 7EY
  4. Notice upheld10 March 20263356617
    Caradoc Cottage, All Stretton, Church Stretton, SY6 7JN
  5. Planning permission granted30 December 20253333460
    Orchard Cottage, Ashford Carbonel, Ludlow, SY8 4BX

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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