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Split Decision25 April 20223273954

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

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 applied

The decision letter

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More decisions in Telford and Wrekin

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

  1. Notice upheld29 July 20263363355
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  5. Notice upheld29 September 20253358766
    7 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.