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Planning appeal decision

Quashed On Legal Grounds11 April 20243325722

Plots 51, 52, 53 and 56 Bole Hill Road Allotment Gardens, South of Bole Hill Road, Sheffield, S6 5DF

(1) the material change of use of the Land to a mixed use for allotment, garden, a learning and skills educational centre (including upcycling and making goods/products) and a community facility for meetings and social events, and as a music venue, event hire and the provision of food and drink, and associated storage; and (2) the carrying out of operational development on the land in connection with and being part and parcel of the unauthorised uses described in paragraph (1) consisting of (i) the erection of buildings in the approximate positions marked [on an attached photograph] and (ii) the provision of a stage, gates, fencing, a mulch storage area, and engineering operation to change the land levels to form a car park and drive

Authority
Sheffield City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Renaudon L

Main issues, as the Inspector framed them

  • Whether the alleged material change of use to a mixed use comprising learning and skills educational centre, community facility for meetings and social events, and music venue/event hire has occurred
  • Whether the alleged operational development was carried out in connection with the alleged unauthorised uses
  • Whether the music venue and event hire use benefits from permitted development rights under Class B of the Town and Country Planning (General Permitted Development) (England) Order 2015
  • Whether the steps required by the enforcement notice exceed what is reasonably necessary to remedy the breach of planning control

What decided it

The Inspector's finding on ground (b) that the alleged material change of use to a mixed use had not occurred, as the learning and skills centre and community meeting facility were incidental to the lawful allotment use and the music events were discrete temporary occasions rather than permanent components of a mixed use.

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.