®Planning appeal decision
Quashed On Legal Grounds5 February 20243290150
WORSBROUGH EQUESTRIAN, WORSBROUGH RD, WORSBROUGH BARNSLEY, STH YORKS, S70 5LN
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
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.
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
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.