®Planning appeal decision
Notice varied and upheld20 February 20233304164
Monckton Colliery , Lund Hill Lane, Royston , Barnsley , S71 4BD
the material change of use of the Land for the importation and storage of construction and other waste materials (the Unauthorised Works)
- Authority
- Barnsley Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- minerals-waste · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Whether the breach of planning control alleged in the enforcement notice had occurred
- Whether the matter alleged constitutes a breach of planning control
- Whether at the date when the enforcement notice was issued, no action could be taken
- Whether the steps required by the notice exceed what is necessary to achieve the purpose
- Whether the time given to comply with the requirements is too short
What decided it
Clear evidence from the Council including complaints, photographic evidence, and aerial photographs demonstrating the importation and storage of construction and waste materials on the Land since May 2019, combined with the appellant's failure to provide sufficient evidence to support claims of permitted development or ten-year immunity.
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.