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Dismissed5 October 20213276280

4 Burton Crescent, Monk Bretton, Barnsley, S71 2QD

Planning appeal 3276280 at 4 Burton Crescent, Monk Bretton, Barnsley, S71 2QD (Barnsley Metropolitan Borough Council) was dismissed on 5 October 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded.

erection of outbuilding to be used as a store, games area and hobby workshop

Authority
Barnsley Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Pleasant L
Postcode
S71 2QD

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded

What decided it

The Appellant failed to provide sufficiently precise evidence on the balance of probability that the pre-existing ground level adjacent to the proposed building extended to 1.238m above the survey datum, which was necessary to establish whether the building complied with the 2.5m height restriction for permitted development.

What the Inspector cited

Judgments
McGaw v Welsh Ministers and the Council for the City and County of Swansea [2020] EWHC 2588 (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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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.