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Planning appeal decision

Notice varied and upheld14 February 20233304083

Land and Buildings on the South Side of Livesy Branch Road, Blackburn, BB2 5FB

Planning appeal 3304083 at Land and Buildings on the South Side of Livesy Branch Road, Blackburn, BB2 5FB (Blackburn with Darwen Borough Council) was allowed in part (a split decision) on 14 February 2023 by Inspector Franks Z, following an inquiry. The main issue, as the Inspector framed it: 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)).

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:

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Other minor developments
Inspector
Franks Z
Postcode
BB2 5FB

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.

What the Inspector cited

Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459

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 Blackburn with Darwen

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

  1. Notice varied and upheld9 October 20253365210
    204 Preston New Road, Blackburn, BB2 6PN
  2. Notice varied and upheld5 February 20253349797
    Land at Hall Moss Farm, Bolton Road, Darwen, Lancashire, BB3 2DT
  3. Notice varied and upheld21 October 20243343383
    Land at Former Hob Lane Farm,, , (Previously 475 Blackburn Road, Edgworth, Turton), Bolton, BL7 0PU
  4. Notice upheld15 August 20243313692
    29 Princess Gardens, Blackburn, BB2 5EJ
  5. Notice upheld9 August 20233314223
    10 Brantfell Road, Blackburn, BB1 8DN

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.