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Quashed On Legal Grounds11 July 20243324991

Land at the East of Mill Street, Tottington, Bury, BL8 4BR

Planning appeal 3324991 at Land at the East of Mill Street, Tottington, Bury, BL8 4BR (Bury Metropolitan Borough Council) was decided (quashed on legal grounds) on 11 July 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance.

the material change of use of the land from open countryside to residential use through the erection of timber buildings, a upvc conservatory and garden/storage structures for residential purposes

Authority
Bury Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice conflates operational development and material change of use, fails to identify the mixed use nature of the site, and contains insufficient clarity regarding the alleged breach and compliance steps, making it invalid and incapable of correction without injustice to the appellant.

What the Inspector cited

National Planning Policy Framework
Paragraph 154

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Bury Metropolitan Borough Council

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.