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Notice varied and upheld6 November 20233310857

Land Lying to the North West of Wassell Grove Road, Hagley, Stourbridge, Worcestershire, DY9 9JH

Planning appeal 3310857 at Land Lying to the North West of Wassell Grove Road, Hagley, Stourbridge, Worcestershire, DY9 9JH (Bromsgrove District Council) was allowed in part (a split decision) on 6 November 2023 by Inspector Jones 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 due to the passage of time (ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990).

the carrying out of operational development consisting of the erection of a building outlined in orange on the plan at appendix 1 (hereinafter known as "the building"), with gravel hardstanding and alterations to vehicular access (outlined in green on the plan at appendix 1)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Jones D
Postcode
DY9 9JH

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, no enforcement action could be taken due to the passage of time (ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990)

What decided it

The appellant failed to prove on the balance of probability that the operational development was substantially completed more than 4 years before the enforcement notice was issued, as the available evidence indicated the works were undertaken between August 2018 and May 2019.

The decision letter

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

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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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