®Planning appeal decision
Land to the rear of 8 Baggeridge Close, Gospel End, Staffordshire, DY3 4AJ
without planning permission, the making of a material change of use of the Land and associated unauthorised development and engineering works to facilitate that change of use including, but not limited to the installation of a garden pond, the laying of a hardstanding base and siti ng of a shipping container, the erection of fencing and the raising of the land levels to level off the Land to facilitate that change of use for use as domestic residential garden land by the owners/occupiers of 8 Baggeridge Close
- Authority
- South Staffordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Moore D
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b)
- Whether the matters alleged constitute a breach of planning control (ground c)
- Whether the matters alleged have occurred for a continuous period of 10 years or more (ground d)
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground f)
What decided it
The land's character had been fundamentally altered from uneven, overgrown countryside to a level, cleared, domesticated appearance with ornamental features, constituting a material change of use to residential garden that facilitates encroachment into the Green Belt contrary to planning policy.
Plan policies cited: South Staffordshire Core Strategy (December 2012) Policy GB1 – Development in the Green Belt
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.