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Split Decision15 February 20233294032

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

Planning appeal 3294032 at Land North of Mudhall Cottage Winterbourne Road, Boxford, Newbury, RG20 8AY (West Berkshire District Council) was allowed in part (a split decision) on 15 February 2023 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred (ground c).

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hand S
Postcode
RG20 8AY

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 decision letter

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The authority’s record since 2016 · every decision in 2023

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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.

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