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Planning appeal decision

Quashed On Legal Grounds11 July 20243324991

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

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.

Framework references: 154

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.