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Planning appeal decision

Notice varied and upheld5 August 20223283208

Land Off Mill Hayes Road , Knypersley , Biddulph, Staffordshire, ST8 7BH

without planning permission, waste material, including (but not limited to) soils and construction and demolition waste has been imported and deposited on the Land in the approximate location indicated in yellow on Plan 1 dated August 2021

Authority
Staffordshire County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Other minor developments
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the importation and deposition of waste material constitutes a breach of planning control and whether it is permitted by the General Permitted Development Order
  • Whether the breach had become immune from enforcement action by the date the notice was issued
  • Whether the requirements of the notice exceed what is necessary to remedy the breach
  • Whether the compliance period specified in the notice is reasonable

What decided it

The appellant failed to demonstrate that the importation of waste material was either permitted by the General Permitted Development Order or immune from enforcement action, as the material was deposited within the ten-year enforcement period and did not comply with the conditions for permitted development.

Framework references: 59

Plan policies cited: Staffordshire Moorlands Local Plan (Adopted September 2020)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.