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Planning appeal decision

Notice varied and upheld15 July 20223291561

Landywood Farm, Landywood Farm Lane, Cheslyn Hay, WS6 7AS

Planning appeal 3291561 at Landywood Farm, Landywood Farm Lane, Cheslyn Hay, WS6 7AS (South Staffordshire District Council) was allowed in part (a split decision) on 15 July 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether a copy of the enforcement notice was served on all persons required to be served under Section 172 of the Town and Country Planning Act 1990.

Without planning permission, the making of a material change of use of Land, to land used as a storage facility including the storage of construction material, plant equipment and other materials and paraphernalia used in association with a civil engineering business under Use class B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Griffin E
Postcode
WS6 7AS

Main issues, as the Inspector framed them

  • Whether a copy of the enforcement notice was served on all persons required to be served under Section 172 of the Town and Country Planning Act 1990
  • Whether the requirements of the notice exceed what is necessary to achieve its purpose
  • Whether the period for compliance is too short

What decided it

The enforcement notice was properly served on all persons substantially prejudiced, the requirements to remove works facilitating the unauthorised use were not excessive under established case law, and the 4-month compliance period appropriately balanced the appellant's relocation plans against the public interest in remedying the breach.

The decision letter

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More decisions in South Staffordshire District Council

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

  1. Quashed On Legal Grounds10 July 20263365691
    Mile Flat, Greensforge, Kingswinford, DY6 0AU
  2. Split Decision10 July 20263365688
    Mile Flat, Greensforge, Kingswinford, DY6 0AU
  3. Quashed On Legal Grounds25 June 20263362523
    Land to the North 12 The Highfields, Wightwick, Wolverhampton, WV6 8DW
  4. Allowed15 June 20263369971
    20 Hayes View Drive, Cheslyn Hay, West Midlands, WS6 7EX
  5. Planning permission granted13 May 20263376745
    Land to the Front of the Paddocks , Meadow View & The Stables, Greensforge, Mile Flat, Kingswinford, DY6 0AU

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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