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Quashed On Legal Grounds27 September 20233303787

Land at 12 Culver Lane, Earley, RG6 1DS

Planning appeal 3303787 at Land at 12 Culver Lane, Earley, RG6 1DS (Wokingham Borough Council) was decided (quashed on legal grounds) on 27 September 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served on all owners and occupiers of the land to which it relates as required by section 172(2) of the Town and Country Planning Act 1990.

Erection of a single storey building with open-sided porch and canopy at front and white UPVC walled lean-to with translucent roof attached to rear, containing living area, double bedroom, kitchen area, bathroom and separate room

Authority
Wokingham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hawkins S
Postcode
RG6 1DS

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served on all owners and occupiers of the land to which it relates as required by section 172(2) of the Town and Country Planning Act 1990

What decided it

The enforcement notice was not served on all owners and occupiers of the land to which it relates, as required by section 172(2), and the failure to serve could not be disregarded because the unserved parties would have been substantially prejudiced.

The decision letter

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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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