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Planning appeal decision

Split Decision15 February 20233294032

Land North of Mudhall Cottage Winterbourne Road, Boxford, Newbury, RG20 8AY

without planning permission, the material change of use of the land from agricultural use to a mixed use comprising; a. Agriculture; and b. Leisure/recreational use and associated development consisting of the erection of x2 gazebos and paraphernalia, metal storage container and x2 play swings and frame used in connection with the leisure/recreational use of the land; Without planning permission, the operational development comprising; a. Erection of 2x Gazebos and metal storage container

Authority
West Berkshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hand S

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred (ground c)
  • Whether planning permission should be granted for the fixed wooden gazebo and metal storage container (ground a)
  • Whether there is a material change of use requiring planning permission (ground f)
  • Whether the compliance period should be extended (ground g)

What decided it

The Inspector determined that the gazebos were designed and positioned for leisure purposes rather than agricultural shelter, and that the storage container, while an eyesore, was temporarily necessary pending barn completion and therefore warranted temporary planning permission for 3 years.

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.