®Planning appeal decision
71 St. Marks Close, WORCESTER, WR5 3DB
Without planning permission, materially changed the use of the land from woodland to garden including through site clearance and operational development comprising the erection of an outbuilding, raised platform, steps, a hard surface seating area purposes, and also the siting of composting and waste bins, and pallets
- Authority
- Worcester City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred as a matter of fact
- Whether the matters alleged constitute a breach of planning control
- Whether the breach is immune from enforcement action by virtue of the time limits in section 171B of the Town and Country Planning Act 1990
- Whether the steps required by the notice exceed what is necessary to remedy the breach
What decided it
The appellants failed to demonstrate on the balance of probabilities that the material change of use occurred before 31 May 2013 or that the operational development was substantially completed before 31 May 2019, the statutory immunity dates under section 171B of the Town and Country Planning Act 1990.
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.