Worsbrough Equestrian, Worsbrough Rd, Worsbrough Barnsley, Sth Yorks, S70 5LN

Planning appeal 3290150 at Worsbrough Equestrian, Worsbrough Rd, Worsbrough Barnsley, Sth Yorks, S70 5LN (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 5 February 2024 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: Whether the plans attached to Notices 1 and 2 correctly show only the land owned and occupied by the appellants at the date of issue (ground (e)).

without planning permission the material change of use of the Land to the mixed use of residential occupation of a caravan and use of the Land for the storage of horse boxes and trailers

Authority: Barnsley Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: caravan-gypsy · Change of use
Inspector: Franks Z
Postcode: S70 5LN

Main issues, as the Inspector framed them

Whether the plans attached to Notices 1 and 2 correctly show only the land owned and occupied by the appellants at the date of issue (ground (e))
Whether the matters alleged in Notice 1 have occurred, given the site comprises two separate planning units with different uses (ground (b))
Whether the matters alleged in Notice 2 constitute a breach of planning control, in particular whether Condition 9 of the 2021 Permission had in fact been breached at the date of issue (ground (c) and hidden ground (b))

What decided it

The notices mischaracterised the breach of planning control (wrong planning unit for Notice 1; no breach yet occurred for Notice 2), and correction without injustice was not possible, so both notices were quashed.

What the Inspector cited

Judgments: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2024

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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.