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Planning appeal decision

Notice varied and upheld30 January 20243324987

71 St. Marks Close, Worcester, WR5 3DB

Planning appeal 3324987 at 71 St. Marks Close, Worcester, WR5 3DB (Worcester City Council) was allowed in part (a split decision) on 30 January 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact.

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
Postcode
WR5 3DB

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 decision letter

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More decisions in Worcester City Council

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

  1. Notice upheld28 August 20263377929
    11 Shap Drive, Worcester, WR4 9NX
  2. Notice upheld12 August 20263376648
    217 Newtown Road, Worcester, WR5 1JB
  3. Notice upheld21 May 20263377674
    75 St. Marks Close, Worcester, WR5 3DB
  4. Planning permission granted12 December 20253358725
    100 Columbia Drive, Worcester, WR2 4XU
  5. Dismissed19 August 20243331660
    53 Stanley Road, Worcester, WR5 1BB

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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