Land South of Shirleywich, London Road, Stafford, Staffordshire, ST18 0RB

whether planning permission 15/22518/FUL, for the construction of a 196 berth narrowboat marina, facilities building, dry dock/workshop, pump out building, car parking, access and landscaping, has begun and can lawfully be completed

Authority: Stafford Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Hearing
Development: leisure-sport · Change of use
Inspector: Boffin D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant the certificate of lawful use or development was well founded

What decided it

Condition 5 of the 2017 permission was found to be a true condition precedent that had not been discharged, meaning the development could not lawfully be said to have begun.

Judgments cited: F G Whitley & Sons v SSW & Clwyd CC [1990] JPL 678; [1992] JPL 856; R (oao Hart Aggregates Ltd) v Hartlepool BC [2005] EWHC 840 (Admin); Greyfort Properties Ltd v SSCLG & Torbay Council [2011] EWCA Civ 908; [2012] JPL 39

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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