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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

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

Authority
Barrow-in-Furness Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other Major Developments
Inspector
Franks Z

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 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.