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Planning appeal decision

Notice varied and upheld3 October 20223289544

Land to the South of Leece Lane, Barrow in Furness, LA13 0JG

Planning appeal 3289544 at Land to the South of Leece Lane, Barrow in Furness, LA13 0JG (Barrow-in-Furness Borough Council *) was allowed in part (a split decision) on 3 October 2022 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f)).

that without planning permission building and engineering operations that constitute development (as defined by Section 55 of the Town & Country Planning Act 1990) have taken place namely soil excavation, mounding, re-grading of land, deposit of hardcore, creation of hard surfaces and vehicular accesses, infilling of voids and associated ground clearance including the removal of roadside hedgerows, planting and tress to facilitate the engineering operations amounting to development and thereby a breach of planning control contained in the TCPA 1990 has taken place

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other Major Developments
Inspector
Franks Z
Postcode
LA13 0JG

Main issues, as the Inspector framed them

  • Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f))
  • Whether the period for compliance with the requirements is reasonable (ground (g))

What decided it

The parties' agreement on proportionate variations to the notice's requirements, reflecting the site's changed condition and a pending planning application for part of the land, led the Inspector to vary rather than quash the notice.

The decision letter

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4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Barrow-in-Furness Borough Council

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

  1. Notice upheld18 September 20233307167
    Number 4 (Formerly Plot 1) Rock Lea Close, Barrow-in-Furness, LA13 9FA
  2. Notice upheld12 July 20223287567
    Ruskinville, Abbey Road, Dalton in Furness, LA13 0PE
  3. Quashed On Legal Grounds4 July 20223289663
    Land at Number 4 (Formerly Plot 1), Rock Lea Close, Barrow in Furness, LA13 9FA
  4. Notice varied and upheld30 September 20253327678
    26-28 Portland Walk, Barrow in Furness, Cumbria, LA14 1DB
  5. Allowed4 October 20243341921
    Combe House, Central Drive, Walney, Barrow-in-Furness, LA14 3HY

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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