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Planning appeal decision

Quashed On Legal Grounds28 July 20223288847

Land at Willow Farm, Hollies Lane, Pattingham, WV6 7HJ

without planning permission: i. The making of a material change of use of the Land, to Land used for the siting of a caravan with a wooden extension attached to said caravan and the siting of a container unit; ii. The unauthorised material change of use of the Land, to Land used for domestic residential purpose together with unauthorised operational development to facilitate the unauthorised material change of use consisting of the erection of wooden and steel mesh fencing to separate the adjoining domestic residential planning unit from the Land as marked green on the Plan; iii. The unauthorised operational development consisting of an earth bund located in the position outlined in blue on the attached plan

Authority
South Staffordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, the steps required for compliance and the land where the breach is alleged to have taken place
  • Whether the enforcement notice is capable of correction under section 176(1) of the Town and Country Planning Act 1990

What decided it

The enforcement notice contained multiple material misdescriptions regarding the planning unit, the nature of the use, and the time limits applicable to different elements, and these could not be corrected without causing injustice to the parties.

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.