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Notice varied and upheld5 August 20223283208

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

Planning appeal 3283208 at Land Off Mill Hayes Road , Knypersley , Biddulph, Staffordshire, ST8 7BH (Staffordshire County Council) was allowed in part (a split decision) on 5 August 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
ST8 7BH

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.

What the Inspector cited

Development plan policies
Staffordshire Moorlands Local Plan (Adopted September 2020)
National Planning Policy Framework
Paragraph 59

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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More decisions in Staffordshire County Council

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

  1. Quashed On Legal Grounds7 January 20263362522
    Land South of Waybutt Lane, Balterley Crewe, CW2 5QB
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  3. Unknown16 March 20263363052
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  4. Unknown16 March 20263340489
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  5. Unknown15 January 20263374011
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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.