Planning appeal decision
Land North of Haygate Road, Wellington, Telford, Shropshire, TF1 2FP
Planning appeal 3273954 at Land North of Haygate Road, Wellington, Telford, Shropshire, TF1 2FP (Telford and Wrekin Council) was allowed in part (a split decision) on 25 April 2022 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice is uncertain and vague and therefore a nullity.
Without planning permission, the unauthorised construction of a raised earth mound in an area of open space
- Authority
- Telford and Wrekin Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Other minor developments
- Inspector
- Renaudon L
- Postcode
- 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.
What the Inspector cited
- Development plan policies
- Policy BE7Policy NE4Policy NE2
- National Planning Policy Framework
- Paragraph 112Paragraph 126Paragraph 142Paragraph 180
- Judgments
- Miller-Mead v MHLG [1963] 2 WLR 225
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 appliedThe decision letter
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- Notice upheld2 October 20253358102Former RAF Sick Quarters , Cotwall Road, Shirlow, Telford, TF6 6AA
- Notice varied and upheld2 October 20253335312113 Holly Road, Little Dawley, Telford, TF4 3JB
- Notice upheld29 September 202533587667 Bell Street, Wellington, Telford, TF1 1LS
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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