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Planning appeal decision

Notice upheld16 January 20233298022

The Old Town Quarry, South Road, Weston-Super-Mare, BS23 2LS

Planning appeal 3298022 at The Old Town Quarry, South Road, Weston-Super-Mare, BS23 2LS (North Somerset Council) was dismissed on 16 January 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the alleged matters have occurred as a matter of fact (ground b).

without planning permission, the erection of a structure (in the approximate position shown marked in blue on the attached plan)

Authority
North Somerset Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other Major Developments
Inspector
Shields T
Postcode
BS23 2LS

Main issues, as the Inspector framed them

  • Whether the alleged matters have occurred as a matter of fact (ground b)
  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether the structure is immune from enforcement action due to the passage of 4 years (ground d)
  • Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground f)

What decided it

The appellant failed to demonstrate on the balance of probability that the structure was substantially completed by 12 April 2018, thereby failing to establish immunity from enforcement action under ground (d).

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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