®Planning appeal decision
Plots 51, 52, 53 and 56 Bole Hill Road Allotment Gardens, South of Bole Hill Road, Sheffield, S6 5DF
Planning appeal 3325722 at Plots 51, 52, 53 and 56 Bole Hill Road Allotment Gardens, South of Bole Hill Road, Sheffield, S6 5DF (Sheffield City Council) was decided (quashed on legal grounds) on 11 April 2024 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: 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.
(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 decision letter
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With an account
What an account adds to this decision
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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.