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Quashed On Legal Grounds16 August 20243317404

Land Lying to the South East Of Cupid Green Lane, Hemel Hempsted, Hertfordshire, HP2 6HN

Planning appeal 3317404 at Land Lying to the South East Of Cupid Green Lane, Hemel Hempsted, Hertfordshire, HP2 6HN (Dacorum Borough Council) was decided (quashed on legal grounds) on 16 August 2024 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is defective under section 176(1)(a) of the Town and Country Planning Act 1990 and whether it can be corrected without causing injustice to the parties.

‘Without planning permission, the unauthorised change of use from agricultural to carpentry business and unauthorised erection of miscellaneous outbuildings within the Green Belt’

Authority
Dacorum Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hitchcock R
Postcode
HP2 6HN

Main issues, as the Inspector framed them

  • Whether the enforcement notice is defective under section 176(1)(a) of the Town and Country Planning Act 1990 and whether it can be corrected without causing injustice to the parties

What decided it

The enforcement notice is invalid because it fails to specify with sufficient clarity the alleged breach of planning control by omitting reference to the agricultural use that forms part of the mixed-use on the site, and the notice cannot be corrected without causing injustice to the parties.

The decision letter

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More decisions in Dacorum

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

  1. Notice upheld14 July 20263350930
    Land Adjancet to The Old Brickworks, Spring Garden Lane, Northchurch, Herts, HP4 3GY
  2. Quashed On Legal Grounds20 April 20263352778
    Land Lying to the South-East of Cupid Green Lane, Hemel Hempstead, Hertfordshire, HP2 6HN
  3. Planning permission granted15 April 20263361818
    Land to the Rear of 22 Brook Street, Tring, Hertfordshire, HP23 5EF
  4. Notice upheld17 February 20263348971
    The Factory Church End, Markyate, St. Albans, AL3 8PY
  5. Notice upheld8 January 20263352829
    16 High Street, Hemel Hempstead, HP1 3AE

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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