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Quashed On Legal Grounds10 August 20233300185

Land on the East Side of Sandybridge Lane, Shafton , Barnsley, S72 8PL

Planning appeal 3300185 at Land on the East Side of Sandybridge Lane, Shafton , Barnsley, S72 8PL (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 10 August 2023 by Inspector Madge M, following a hearing.

without planning permission, the material change of use of the Land for: i. The siting of two static caravans for human habitation. ii. siting of a horsebox, the erection of stable blocks, the erection of outbuildings and the use of land for an equestrian paddock. iii. The use of the land for "The Ranch Stables" with associated storage of materials, vehicles and animals

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Madge M
Postcode
S72 8PL

What decided it

The enforcement notice failed to specify the alleged breach of planning control and the steps required to remedy it with sufficient clarity to comply with s173(1)(a) of the 1990 Act, rendering it invalid.

What the Inspector cited

Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459; Kestrel Hydro v SSCLG & Spelthorne BC [2016]EWCA Civ 784

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.

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The decision letter

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More decisions in Barnsley

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld12 August 20263364210
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  2. Notice varied and upheld14 July 20253327125
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  3. Notice upheld28 May 20253338150
    12 Hallgate, Thurnscoe, Rotherham, S63 0TU
  4. Notice upheld14 April 20253329363
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  5. Planning permission granted19 March 20253332852
    Hay Green Barn Hay Green Lane, Birdwell, Barnsley, S70 5XE

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.