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Planning appeal decision

Quashed On Legal Grounds30 May 20223289045

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

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

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 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.