®Planning appeal decision
Southgate Indian Restaurant, Pontefract, Wakefield, WF8 1LN
Planning appeal 3324601 at Southgate Indian Restaurant, Pontefract, Wakefield, WF8 1LN (Wakefield Metropolitan District Council) was dismissed on 17 November 2023 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, the replacement of the window with a shopfront and door was substantially completed more than four years before, such that no enforcement action could be taken.
Material alteration of the principal elevation of the building by replacing a window with a shopfront and door
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Minor retail and services
- Inspector
- Whitfield J
Main issues, as the Inspector framed them
- Whether, at the date the enforcement notice was issued, the replacement of the window with a shopfront and door was substantially completed more than four years before, such that no enforcement action could be taken
What decided it
The appellant failed to demonstrate on the balance of probabilities that the shopfront and door were substantially completed on or before 18 May 2019, as a June 2019 photograph showed the work was still incomplete at that date.
The decision letter
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With an account
What an account adds to this decision
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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.