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Planning appeal decision

Notice varied and upheld20 December 20223295538

Land to the Rear of 8 Baggeridge Close, Gospel End, Staffordshire, DY3 4AJ

Planning appeal 3295538 at Land to the Rear of 8 Baggeridge Close, Gospel End, Staffordshire, DY3 4AJ (South Staffordshire District Council) was allowed in part (a split decision) on 20 December 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b).

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D
Postcode
DY3 4AJ

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.

What the Inspector cited

Development plan policies
South Staffordshire Core Strategy (December 2012) Policy GB1 – Development in the Green Belt

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.