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Planning appeal decision

Notice varied and upheld20 February 20233304164

Monckton Colliery , Lund Hill Lane, Royston , Barnsley , S71 4BD

Planning appeal 3304164 at Monckton Colliery , Lund Hill Lane, Royston , Barnsley , S71 4BD (Barnsley Metropolitan Borough Council) was allowed in part (a split decision) on 20 February 2023 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice had occurred.

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
Postcode
S71 4BD

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 decision letter

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More decisions in Barnsley

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

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  5. Planning permission granted19 March 20253332852
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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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