Planning appeal decision
Notice varied and upheld11 April 20233307456
The Hut, Wilshaw Bottom, Hollinsclough, Staffordshire, SK17 0RE
- Authority
- Peak District
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the matters alleged in the notice constitute a breach of planning control (ground (c))
- Whether the development was immune from enforcement action due to the passage of time (ground (d))
- Whether the requirements of the notice exceed what is necessary to remedy the breach or injury to amenity (ground (f))
- Whether the period for compliance falls short of what should reasonably be allowed (ground (g))
What decided it
The creation of a new, larger planning unit in 2019 by adding previously agricultural land meant the residential use was not immune from enforcement and amounted to a material change of use requiring planning permission.
Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207
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.
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