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Quashed On Legal Grounds8 February 20223280902

Farm Buildings at Eastrop Farm, Highworth, Swindon, SN6 7QQ

Planning appeal 3280902 at Farm Buildings at Eastrop Farm, Highworth, Swindon, SN6 7QQ (Swindon Borough Council) was decided (quashed on legal grounds) on 8 February 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice correctly identifies the breach of planning control alleged.

Without planning permission the erection of three buildings as residential dwellings (“the dwellings”) on the Site, shown numbered 1 – 3 and hatched in red on the attached plan (Appendix 2)1

Authority
Swindon Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Moss J
Postcode
SN6 7QQ

Main issues, as the Inspector framed them

  • Whether the enforcement notice correctly identifies the breach of planning control alleged

What decided it

The enforcement notice was invalid because it incorrectly alleged the erection of residential dwellings when the buildings on site were partly constructed and lacked the facilities necessary to function as dwellings, and the notice could not be corrected without causing injustice to the parties.

The decision letter

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More decisions in Swindon

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

  1. Dismissed28 May 20243336985
    269 Cricklade Road, Swindon, SN2 1AG
  2. Planning permission granted2 February 20243329344
    83 Upham Road, Swindon, SN3 1DL
  3. Notice upheld1 September 20233295441
    Farm Buildings at Eastrop Farm, Shrivenham Road, Highworth, Swindon, SN6 7QQ
  4. Notice varied and upheld8 August 20223261411
    Hangars L6 & L7, White Horse Road, Wroughton Swindon, Wiltshire, SN4 0QZ
  5. Dismissed28 July 20266009078
    44 The Parade, Swindon, SN1 1BA

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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