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Invalid10 February 20233307509

Land at Walton Copy Farm, Burnley Road, Cliviger , Lancashire, BB10 4TA

Planning appeal 3307509 at Land at Walton Copy Farm, Burnley Road, Cliviger , Lancashire, BB10 4TA (Burnley Borough Council) was decided (invalid) on 10 February 2023 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is a valid notice in law, specifically whether it specifies a compliance period for the requirement to cease all unauthorised activity.

the carrying out of unauthorised engineering and excavation works to the west and rear of the existing cottage. The creation of a new concrete road leading to a newly created higher plateau area with concrete block walling and concrete block compound area. The depositing on the site of unauthorised materials, concrete block compound and unauthorised storage containers

Authority
Burnley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Phillips A
Postcode
BB10 4TA

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a valid notice in law, specifically whether it specifies a compliance period for the requirement to cease all unauthorised activity

What decided it

The enforcement notice failed to specify a compliance period for the requirement to cease all unauthorised activity, requiring only compliance 'immediately', which is not a valid 'period' in law, making the notice a nullity.

The decision letter

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More decisions in Burnley

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

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  2. Quashed On Legal Grounds11 November 20243320978
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  3. Dismissed23 December 20223305056
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  4. Notice varied and upheld23 December 20223302319
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  5. Dismissed6 October 20266010160
    27 Rosehill Road, Burnley, BB11 2JT

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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