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Planning appeal decision

Quashed On Legal Grounds17 November 20223303097

34 Highstone Avenue, Worsbrough Common, BARNSLEY, South Yorkshire, S70 4LA

without planning permission, the erection of a single storey rear extension and outbuilding including a raised ground level and the erection of a retaining wall

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Taylor K

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice failed to comply with section 173(2) of the Town and Country Planning Act 1990 by not enabling the recipient to know fairly what matters constituted the breach and what steps were required to remedy it, and the Inspector was unable to correct the notice without risking injustice to any party.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.