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Planning appeal decision

Invalid15 August 20233310739

Land and Premises Known As Car Park to the Side of 8 Aintree Way, Stevenage, SG1 5RF

Planning appeal 3310739 at Land and Premises Known As Car Park to the Side of 8 Aintree Way, Stevenage, SG1 5RF (Stevenage Borough Council) was decided (invalid) on 15 August 2023 by Inspector White P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and sufficiently certain in its requirements, particularly criteria (iii) and (iv) relating to restoration of car park spaces and tree planting locations.

without planning permission, the erection of a structure on the land, in the approximate position marked with a cross on the attached plan

Authority
Stevenage Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
White P
Postcode
SG1 5RF

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and sufficiently certain in its requirements, particularly criteria (iii) and (iv) relating to restoration of car park spaces and tree planting locations

What decided it

Requirements (iii) and (iv) of the enforcement notice were so ambiguous and uncertain that recipients could not know with reasonable certainty what steps were required to comply, rendering the notice a nullity under section 173(3) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in Stevenage Borough Council

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

  1. Allowed7 March 20253354037
    40A Vinters Avenue, Stevenage, SG1 1QU
  2. Notice varied and upheld17 February 20253341301
    Car Park to the Side of 8 Aintree Way, Stevenage, Hertfordshire, SG1 5RF
  3. Notice varied and upheld31 January 20243296469
    68 Basils Road, Stevenage, SG1 3PZ
  4. Notice varied and upheld19 October 20233304138
    Land and Premises Known As 134 Marymead Drive, Stevenage, SG2 8AG
  5. Allowed3 September 20253362953
    Land Adjacent to, 175 Vardon Road, Stevenage, Hertfordshire, SG1 5PY

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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