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Quashed On Legal Grounds5 January 20223273276

Land at Field Known As Emily's Meadow , C1094 Opposite Marsh House Farm, Weobley, Herefordshire, HR4 8RS

Planning appeal 3273276 at Land at Field Known As Emily's Meadow , C1094 Opposite Marsh House Farm, Weobley, Herefordshire, HR4 8RS (Herefordshire Council) was decided (quashed on legal grounds) on 5 January 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and sufficiently certain in its description of the breach of planning control and the requirements to remedy it.

Without planning permission the unauthorised change of use of land from equestrian to a mixed use of equestrian and land for siting of a Mobile Classroom

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moss J
Postcode
HR4 8RS

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and sufficiently certain in its description of the breach of planning control and the requirements to remedy it

What decided it

The enforcement notice is invalid because it does not specify with sufficient degree of certainty what the recipient has done and what they must do to remedy it, and the defects cannot be corrected without causing injustice to one of the parties.

The decision letter

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More decisions in Herefordshire Council

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

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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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