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Quashed On Legal Grounds30 May 20223289045

The Site at the Junction of West Avenue and the A5011 Linley Road, Kidsgrove, Staffordshire, ST7 1TR

Planning appeal 3289045 at The Site at the Junction of West Avenue and the A5011 Linley Road, Kidsgrove, Staffordshire, ST7 1TR (Newcastle-under-Lyme Borough Council) was decided (quashed on legal grounds) on 30 May 2022 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid.

Showroom for plant sales including external display area, parts trade counter, repair workshop, preparation bay, office, storage and ancillary spaces together with external hardstanding, vehicle wash and car parking

Authority
Newcastle-under-Lyme Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Renaudon L
Postcode
ST7 1TR

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid
  • The effects of the landscaping of the development on the character and appearance of the area

What decided it

The enforcement notice is incapable of correction without causing injustice because it cannot be clarified whether the appellant must remove hardstanding (which is not alleged as a breach) or provide a different planting scheme to accommodate the changed layout.

The decision letter

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More decisions in Newcastle-under-Lyme Borough 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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