Sheriffs Ride Stafford Road, LICHFIELD, WS13 8JA

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

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.

Plan policies cited: Policy BE1

Judgments cited: Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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