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Quashed On Legal Grounds10 June 20223288406

Land at School House Farm, Consett, Northumberland, DH8 9SB

Planning appeal 3288406 at Land at School House Farm, Consett, Northumberland, DH8 9SB (Northumberland County Council) was decided (quashed on legal grounds) on 10 June 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990.

Without planning permission the construction of an access track, as shown in the approximate position and outlined in red on the attached plan

Authority
Northumberland County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990
  • Whether the matter alleged to constitute the breach of planning control has occurred as a matter of fact
  • Whether the matter alleged constitutes a breach of planning control, specifically whether the track constitutes permitted development

What decided it

The alleged access track constituted permitted development as maintenance or improvement of a pre-existing private way under Part 9 Class E of the Town and Country Planning (General Permitted Development) Order 2015, and therefore no breach of planning control occurred.

The decision letter

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More decisions in Northumberland County Council

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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