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Planning appeal decision

Notice varied and upheld30 January 20243321802

93 Weston Road, Weston, Portland, DT5 2DA

Planning appeal 3321802 at 93 Weston Road, Weston, Portland, DT5 2DA (Dorset) was allowed in part (a split decision) on 30 January 2024 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the time period specified in the enforcement notice for compliance is reasonable.

Material change of use from restaurant (Class E(b)) to hot food takeaway (Sui Generis); installation of uPVC shop front; installation of illuminating shop sign; installation of unauthorised flue

Authority
Dorset
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Whitfield J
Postcode
DT5 2DA

Main issues, as the Inspector framed them

  • Whether the time period specified in the enforcement notice for compliance is reasonable

What decided it

The appeal succeeded in part on ground (g) because the compliance periods for ceasing the use and reconstructing the shop frontage were unreasonably short given the practical requirements of staff redundancy, lease termination, and specialist contractor availability.

The decision letter

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More decisions in Dorset

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

  1. Planning permission granted14 July 20263351402
    Coldharbour Farm, Chickerell, Weymouth, DT3 4BG
  2. Quashed On Legal Grounds11 March 20263361923
    Old Dairy Cottage, 10-11 West End, Spetisbury, Dorset, DT11 9DG
  3. Notice upheld2 March 20263338334
    Brightfields Farm, Priors Corner, Horton, Dorset, BH21 7EX
  4. Dismissed11 February 20263358144
    Sherborne Valley House , Hardings House Lane, Sherborne, DT9 4TB
  5. Notice upheld20 August 20253342177
    Land West of Garston Farm, Fleet Road, Fleet, Dorset, DT3 4DJ

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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