Land at Dale House, Lindrick Dale, Lindrick, Rotherham, S81 8BB

the failure to comply with a condition imposed on planning permission ref RB2008/0283 granted on 31 March 2008

Authority: Rotherham Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Jones D

Main issues, as the Inspector framed them

Whether the enforcement notice is properly drafted and whether the alleged breach should be characterised as operational development without planning permission or as a breach of condition 4
Whether the matters alleged in the notice constitute a breach of planning control
Whether at the date the notice was issued, enforcement action could be taken due to the passage of time

What decided it

The extension was substantially completed more than four years before the enforcement notice was issued, making it immune from enforcement action under section 171B(1) of the Town and Country Planning Act 1990.

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