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Quashed On Legal Grounds28 October 20243320285

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

Planning appeal 3320285 at Land at Dale House, Lindrick Dale, Lindrick, Rotherham, S81 8BB (Rotherham Metropolitan Borough Council) was decided (quashed on legal grounds) on 28 October 2024 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
S81 8BB

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.

The decision letter

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More decisions in Rotherham

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

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  4. Allowed1 June 20263353129
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  5. Dismissed13 May 20266005933
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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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