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Planning appeal decision

Quashed On Legal Grounds4 July 20223289663

Land at Number 4 (Formerly Plot 1), Rock Lea Close, Barrow in Furness, LA13 9FA

Planning appeal 3289663 at Land at Number 4 (Formerly Plot 1), Rock Lea Close, Barrow in Furness, LA13 9FA (Barrow-in-Furness Borough Council *) was decided (quashed on legal grounds) on 4 July 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance.

Development of plot 1 not in accordance with approved plan, specifically exclusion of parking spaces along rear boundary

Authority
Barrow-in-Furness Borough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whitfield J
Postcode
LA13 9FA

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice contained irremediable defects regarding which planning permission and approved plan applied, and failed to specify the legal basis of the alleged breach, making it impossible to correct without causing injustice to either party.

The decision letter

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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 varied and upheld3 October 20223289544
    Land to the South of Leece Lane, Barrow in Furness, LA13 0JG
  3. Notice upheld12 July 20223287567
    Ruskinville, Abbey Road, Dalton in Furness, LA13 0PE
  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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.