®Planning appeal decision
Notice varied and upheld14 February 20233304083
Land and Buildings on the South side of Livesy Branch Road, Blackburn, BB2 5FB
Failure to comply with the requirements of Condition 3 attached to the grant of full planning permission on the 22nd November 2001 – Ref.10/01/0516 – Set out as follows:
- Authority
- Blackburn with Darwen Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Franks Z
Main issues, as the Inspector framed them
- Whether, as a matter of fact, there has been a change of use of the appeal land from public open space to private open space (ground (b))
- Whether, at the date the notice was issued, no enforcement action could be taken because the land had been used as private amenity space for a continuous period of over 10 years (ground (d))
What decided it
The Inspector's factual finding, based on the weight of witness and photographic evidence, that the land had continued to be used as public open space up to 2022 and had not become private amenity land for a qualifying 10-year period.
Judgments cited: Miller Mead v MHLG [1963] 1 A11 ER 459
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.