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Quashed On Legal Grounds22 April 20223287562

32 Manor View, Shafton, Barnsley, South Yorkshire, S72 8NQ

Planning appeal 3287562 at 32 Manor View, Shafton, Barnsley, South Yorkshire, S72 8NQ (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 22 April 2022 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the actual alleged breach of planning control.

the material change of use of the land and buildings from a detached garage to one of a residential dwellinghouse for human habitation (C3: Dwellinghouse Use Class)

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hartley D
Postcode
S72 8NQ

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the actual alleged breach of planning control

What decided it

The enforcement notice is invalid because it is ambiguous and contradictory in specifying the alleged breach of planning control, and the Inspector cannot correct it without causing injustice to the appellants.

The decision letter

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

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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.

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