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Planning appeal decision

Notice upheld15 June 20233310323

Land at Longley Edge, Doncaster Road, Wragby, Wakefield, WF4 1QX

Planning appeal 3310323 at Land at Longley Edge, Doncaster Road, Wragby, Wakefield, WF4 1QX (Wakefield Metropolitan District Council) was dismissed on 15 June 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control (ground d).

without planning permission the unauthorised development by the erection of a detached garage and workshop on the Land

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
WF4 1QX

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control (ground d)
  • Whether the period specified in the notice for compliance falls short of what should reasonably be allowed (ground g)

What decided it

The LPA's issuance of an enforcement notice on 16 November 2020 within the four-year limitation period meant that section 171(4) of the Town and Country Planning Act 1990 permitted the subsequent notice of 30 September 2022, and the appellant failed to provide objective evidence justifying a longer compliance period than six months.

The decision letter

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More decisions in Wakefield Metropolitan District Council

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

  1. Notice varied and upheld1 September 20263371510
    25 Milton Street, Wakefield, WF2 8TL
  2. Notice varied and upheld24 August 20263361281
    Wragby Grange, Doncaster Road, Wragby, Wakefield, West Yorkshire, WF4 1QX
  3. Notice varied and upheld6 August 20263363754
    Land at Greenfield Road, Normanton, WF6 2JD
  4. Notice upheld24 July 20263375942
    Land at Unit 8 Back Grantley Street, Wakefield, WF1 4LG
  5. Notice varied and upheld24 July 20263374765
    4 Brooksfield, South Kirkby, Pontefract, WF9 3DL

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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