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Dismissed22 September 20213274167

Sheriffs Ride Stafford Road, Lichfield, WS13 8JA

Planning appeal 3274167 at Sheriffs Ride Stafford Road, Lichfield, WS13 8JA (Lichfield District Council) was dismissed on 22 September 2021 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: Whether section 73 of the Town and Country Planning Act 1990 allows the development allowed by the original permission without the disputed condition.

the erection of 2no replacement buildings for use as accommodation ancillary and incidental to Sheriffs Ride without complying with a condition attached to planning permission Ref 16/00755/FUL, dated 18 November 2016

Authority
Lichfield District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wilson L
Postcode
WS13 8JA

Main issues, as the Inspector framed them

  • Whether section 73 of the Town and Country Planning Act 1990 allows the development allowed by the original permission without the disputed condition

What decided it

The removal of the condition would result in a conflict with the original description of development by allowing the building to be used as an independent dwelling rather than ancillary accommodation, which is beyond the powers of section 73 as established in Finney.

What the Inspector cited

Development plan policies
Policy BE1
Judgments
Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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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The authority’s record since 2016 · every decision in 2021

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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.

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.