®Planning appeal decision
Notice varied and upheld20 February 20233299346
Land and building known as 1 Brookfield Avenue, Blackpool, FY4 5HF
without planning permission, the erection of a timber structure to the rear
- Authority
- Blackpool Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Moore D
Main issues, as the Inspector framed them
- Whether the appellant has shown on the balance of probabilities that the notice was not served as required by Section 172 of the 1990 Act and there has been substantial prejudice (ground e)
- Whether the matters alleged in the enforcement notice have not occurred as a matter of fact (ground b)
- Whether the matters alleged do not constitute a breach of planning control (ground c)
- Whether the matters alleged were substantially completed four or more years prior to the issue of the notice (ground d)
- Whether the step required by the notice exceeds what is necessary to remedy the breach of planning control (ground f)
- Whether the period for compliance with the notice falls short of what should reasonably be allowed (ground g)
What decided it
The timber structure constituted operational development requiring planning permission, permitted development rights did not apply due to cumulative ground coverage and height limitations, and the enforcement notice was properly issued and served.
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.