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Planning appeal decision

Notice upheld28 September 20233320379

52 Wellgate, Rotherham, S60 2LR

Planning appeal 3320379 at 52 Wellgate, Rotherham, S60 2LR (Rotherham Metropolitan Borough Council) was dismissed on 28 September 2023 by Inspector Taylor K, by written representations. The main issue, as the Inspector framed it: Whether the material alteration to the appearance of the front of the property, including the creation of shop fronts and erection of external shutters, was substantially completed more than 4 years before the enforcement notice was issued (ground d).

the material alteration to the appearance of the front of the property, including the creation of shop fronts and erection of external shutters

Authority
Rotherham Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Taylor K
Postcode
S60 2LR

Main issues, as the Inspector framed them

  • Whether the material alteration to the appearance of the front of the property, including the creation of shop fronts and erection of external shutters, was substantially completed more than 4 years before the enforcement notice was issued (ground d)
  • Whether the steps required by the enforcement notice exceed what is necessary to achieve its purpose (ground f)

What decided it

The development was not substantially completed more than 4 years before the enforcement notice was issued, therefore the Council was entitled to take enforcement action and the notice's requirements were necessary to remedy the breach.

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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