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Planning appeal decision

Dismissed10 September 20213275709

Land South of Cranberry Fold Court, Darwen, BB3 2HX

Planning appeal 3275709 at Land South of Cranberry Fold Court, Darwen, BB3 2HX (Blackburn with Darwen Borough Council) was dismissed on 10 September 2021 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: whether or not the proposed development benefits from the provisions of Schedule 2, Part 6, Class A of the GPDO.

the erection of an agricultural storage building and access track

Authority
Blackburn with Darwen Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
agricultural · Minor general industry/storage/warehousing
Inspector
Hitchcock R
Postcode
BB3 2HX

Main issues, as the Inspector framed them

  • whether or not the proposed development benefits from the provisions of Schedule 2, Part 6, Class A of the GPDO
  • if so, whether the siting, design and appearance of the building are appropriate in their contexts

What decided it

The appellant failed to demonstrate that the land was in established use for the purposes of an agricultural trade or business as required by paragraph D.1 of Part 6 of the GPDO, and therefore the development did not benefit from permitted development rights.

What the Inspector cited

Judgments
New World Payphones Ltd v Westminster City Council [2019] EWCA Civ 2250; R (oao Marshall) v East Dorset DC & Pitman [2018] EWHC 226 (Admin)

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 Blackburn with Darwen

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

  1. Allowed28 August 20266007521
    Bank Lane, Blackburn, BB1 2AP
  2. Dismissed22 July 20266006885
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  3. Dismissed2 June 20263370590
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  4. Dismissed10 April 20266004038
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  5. Split Decision1 April 20263369269
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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.