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Allowed21 May 20243313704

Kings Arms, 21 Redhouse Road, Stourport-on-Severn, DY13 0NN

Planning appeal 3313704 at Kings Arms, 21 Redhouse Road, Stourport-on-Severn, DY13 0NN (Wyre Forest District Council) was allowed on 21 May 2024 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate on the balance of probabilities that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action.

the use of the land in breach of condition 6 to the planning permission issued on 15 th January 1991 under reference WF 941/90

Authority
Wyre Forest District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Major retail and services
Inspector
Jones D
Postcode
DY13 0NN

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate on the balance of probabilities that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action

What decided it

The evidence demonstrated on the balance of probabilities that the land was used for purposes ancillary to the public house continuously for at least ten years from around 2009, constituting a continuous breach of condition 6 immune from enforcement action.

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More decisions in Wyre Forest

The authority’s record since 2016 · every decision in 2024

  1. Dismissed6 March 20266000482
    The Worralls, Pound Bank, Rock, Worcestershire, DY14 9RF
  2. Notice varied and upheld10 February 20263371308
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  3. Split Decision6 February 20263342673
    Land at Oak Meadow Farm, Honeybrook Lane, Kidderminster, Worcestershire, DY11 5QS
  4. Notice varied and upheld14 January 20263359103
    Sheris Lodge, St Johns Lane, Bewdley, Worcester, DY12 2QY
  5. Notice varied and upheld13 January 20263346892
    Shatterford Farm , Birch Bank, Shatterford, Bewdley, DY12 1TW

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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