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Planning appeal decision

Dismissed28 March 20223275929

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

Planning appeal 3275929 at Land South of Shirleywich, London Road, Stafford, Staffordshire, ST18 0RB (Stafford Borough Council) was dismissed on 28 March 2022 by Inspector Boffin D, following a hearing. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant the certificate of lawful use or development was well founded.

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.

What the Inspector cited

Judgments
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

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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9 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Stafford

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

  1. Allowed15 June 20266007019
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  5. Allowed24 February 20253351763
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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.