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Planning appeal decision

Notice varied and upheld28 April 20233300900

St. Anne's House, Jennycliff Lane, Plymouth, PL9 9SN

Planning appeal 3300900 at St. Anne's House, Jennycliff Lane, Plymouth, PL9 9SN (Plymouth City Council) was allowed in part (a split decision) on 28 April 2023 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether planning permission should be granted for the marquee on ground (a) of section 174(2) of the Town and Country Planning Act 1990.

the erection of a marquee (that covers the open-air swimming pool to the west of St. Anne's House) without the benefit of planning permission

Authority
Plymouth City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Jarratt P
Postcode
PL9 9SN

Main issues, as the Inspector framed them

  • Whether planning permission should be granted for the marquee on ground (a) of section 174(2) of the Town and Country Planning Act 1990
  • Whether the compliance period of one month specified in the enforcement notice is reasonable on ground (g) of section 174(2) of the Town and Country Planning Act 1990

What decided it

The visual harm caused by the unauthorised marquee to the landscape character and the setting of the listed building is significant and cannot be adequately mitigated, and therefore planning permission cannot be justified.

What the Inspector cited

Development plan policies
DEV21DEV23DEV24DEV27

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 Plymouth City

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

  1. Notice upheld17 September 20263354105
    9 Parade, Plymouth, PL1 2JL
  2. Planning permission granted2 May 20233309917
    97 Lake View Drive, Plymouth, PL5 4LW
  3. Allowed12 October 20266013243
    St Annes House, Jennycliff Lane, Plymouth, Devon,, Plymouth, PL9 9SN
  4. Allowed4 September 20266007122
    58-60 Ocean Street, Plymouth, PL2 2DL
  5. Allowed15 July 20266006784
    1 Martin Street, Plymouth, PL1 3NE

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.