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:

Authority: Blackburn with Darwen Borough Council
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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What an account adds to this decision

8 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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More decisions in Blackburn with Darwen

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

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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.