®Planning appeal decision
Slate Mill, Tewkesbury Road, Elmstone Hardwick, Cheltenham, Gloucestershire, GL51 9TA
Planning appeal 3276456 at Slate Mill, Tewkesbury Road, Elmstone Hardwick, Cheltenham, Gloucestershire, GL51 9TA (Tewkesbury Borough Council) was allowed in part (a split decision) on 25 October 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged (Ground d).
Without planning permission, the material change of use of the land showed edged red on the attached plan from agricultural use to use for residential purposes and the consequent erection of a new residential dwelling thereon as shown edged blue on the said attached plan
- Authority
- Tewkesbury Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Curnow R
- Postcode
- GL51 9TA
Main issues, as the Inspector framed them
- Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged (Ground d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (Ground f)
What decided it
The operational development was integral to the material change of use and the material change of use had not occurred for the ten years required by s.171B(3), therefore the enforcement notice was issued in a timely manner.
What the Inspector cited
- Judgments
- Hibbitt v SSCLG [2016] EWHC 2853; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (Admin); Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Tewkesbury
The authority’s record since 2016 · every decision in 2021
- Allowed3 July 20263362936Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA
- Dismissed7 May 20263348446Plot 6, Warren Fruit Farm, Cheltenham, GL54 5BN
- Notice upheld7 May 20263341916Plot 10, Warren Fruit Farm, Evesham Road, Greet, Gloucestershire, GL54 5BN
- Notice varied and upheld7 May 20263341850Evesham Road, Greet, Gloucestershire, GL54 5BN
- Notice varied and upheld12 February 20263360223Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR
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.