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Planning appeal decision

Quashed On Legal Grounds12 July 20223295994

The Pavilion, Armroyd Lane, Elsecar, S74 8ES

Planning appeal 3295994 at The Pavilion, Armroyd Lane, Elsecar, S74 8ES (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 12 July 2022 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is defective and if so whether it can be corrected without causing injustice to the appellant or local planning authority.

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
Postcode
S74 8ES

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.

What the Inspector cited

Development plan policies
Policy GB3
National Planning Policy Framework
Paragraph 145Paragraph 149

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 Barnsley

The authority’s record since 2016 · every decision in 2022

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  5. Planning permission granted19 March 20253332852
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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.

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.