Land North of Haygate Road, Wellington, Telford, Shropshire, TF1 2FP

Main issues, as the Inspector framed them

• Whether the enforcement notice is uncertain and vague and therefore a nullity
• Whether the matters alleged by the notice constitute a breach of planning control (ground (c))
• The effects of the proposal on the significance of the adjoining heritage asset, Orleton Park; the effects on the provision of public open space; and the effects on trees; and, if the proposal conflicts with the development plan, whether any benefits are of sufficient weight to justify a decision otherwise than in accordance with the development plan
• Whether the steps required by the notice exceed what is necessary to remedy the breach (ground (f))
• Whether the period specified for compliance falls short of what should reasonably be allowed (ground (g))

What decided it

The 'less than substantial' harm to the significance and setting of the registered Orleton Park and the serious reduction in the functionality of the required public open space were not outweighed by the limited environmental and incidental heritage benefits claimed.

The environmental and incidental heritage benefits of the mound were given limited weight and did not outweigh the less than substantial heritage harm and the harm to the functionality of the public open space, so the balance tipped against the proposal and the section 78 appeal was dismissed.