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Quashed On Legal Grounds5 January 20223278051

17 Marbury Park, Kingston Upon Hull, HU7 3DG

Planning appeal 3278051 at 17 Marbury Park, Kingston Upon Hull, HU7 3DG (Kingston-Upon-Hull City Council) was decided (quashed on legal grounds) on 5 January 2022 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control under section 174(2)(c) of the Town and Country Planning Act 1990.

without planning permission the unauthorised change of use of a dwelling house to mixed use as a dwellinghouse and use for the purchase, storage and repair and sale of vehicles and watercrafts and their associated parts, including visits by members of the public to view and purchase the said items and for undertaking work to those items other than for the benefit of the occupants of the dwelling house

Authority
Kingston-Upon-Hull City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Madge M
Postcode
HU7 3DG

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control under section 174(2)(c) of the Town and Country Planning Act 1990

What decided it

The appellants' PCN response and the Inspector's site observations confirmed that the activities were incidental to the occupation of the dwelling house and did not constitute a material change of use requiring planning permission under section 55(2)(d) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in Kingston-Upon-Hull City Council

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

  1. Notice upheld22 May 20263359233
    113 Spring Bank, Hull, HU3 1BH
  2. Notice upheld22 May 20263359093
    113 Spring Bank, Hull, HU3 1BH
  3. Notice upheld7 April 20263331217
    152-154 Hessle Road, & 104 Coltman Street, Kingston Upon Hull, East Yorkshire, HU3 3AD
  4. Notice varied and upheld26 February 20263349747
    52-54 New Bridge Road, Hull, HU9 2RE
  5. Dismissed13 January 20253334817
    13 Ryde Street, Hull, HU5 1PA

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.

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