The Pavilion, Armroyd Lane, Elsecar, S74 8ES

Without planning permission; the material change of use of the Land for the purposes of stationing storage containers used to accommodate a snack bar and shop

Authority: Barnsley Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Boffin D

Main issues, as the Inspector framed them

Whether the enforcement notice is defective and if so whether it can be corrected without causing injustice to the appellant or local planning authority

What decided it

The lack of clarity and precision in the notice regarding the primary use or mixed uses of the land, combined with the risk of injustice to the appellant if the notice were corrected without his opportunity to respond, made it impossible to correct the notice without causing injustice.

Framework references: 145, 149

Plan policies cited: Policy GB3

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