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Planning appeal decision

Notice varied and upheld19 January 20243321591

261 Staniforth Road, Sheffield, S9 3FP

Planning appeal 3321591 at 261 Staniforth Road, Sheffield, S9 3FP (Sheffield City Council) was allowed in part (a split decision) on 19 January 2024 by Inspector Taylor K, by written representations. The main issue, as the Inspector framed it: Whether at the time the enforcement notice was issued it was too late for enforcement action to be taken (ground d).

without planning permission: to the front of the Land: the erection of a wooden pergola, fencing, two storage containers clad with timber including over hanging canopies (operating as "chaska grill" and chaska chai"), the provision of decking enclosed by timber balustrading, the erection of timber frames supporting festoon lighting, and the provision of an extraction flue; and to the rear of the Land: a marquee has been erected

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Taylor K
Postcode
S9 3FP

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued it was too late for enforcement action to be taken (ground d)
  • Whether the steps required by the notice exceed what is necessary to achieve its purpose (ground f)

What decided it

The appellant failed to discharge the burden of proof on the balance of probabilities that the unauthorised development was substantially completed more than 4 years before the enforcement notice was issued, and provided no substantive evidence that the notice's requirements exceeded what was necessary to remedy the breach.

The decision letter

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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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