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Planning appeal decision

Notice varied and upheld19 January 20243321591

261 Staniforth Road, SHEFFIELD, S9 3FP

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

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Taylor K

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.