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Quashed On Legal Grounds24 January 20243326752

Kinsley Hotel, Wakefield Road, Kinsley, Pontefract, WF9 5EH

Planning appeal 3326752 at Kinsley Hotel, Wakefield Road, Kinsley, Pontefract, WF9 5EH (Wakefield Metropolitan District Council) was decided (quashed on legal grounds) on 24 January 2024 by Inspector Madge 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, the steps required for compliance, and the reasons why the development is contrary to planning policies.

without planning permission, the unauthorised erection of a boundary wall and gates exceeding 1 metre high adjacent to a public highway

Authority
Wakefield Metropolitan District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Madge M
Postcode
WF9 5EH

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, the steps required for compliance, and the reasons why the development is contrary to planning policies

What decided it

The enforcement notice lacked sufficient clarity as to which parts of the boundary wall and gates were subject to enforcement and failed to adequately explain the planning reasons for the notice, making it impossible to correct the defects without causing injustice.

The decision letter

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More decisions in Wakefield Metropolitan District Council

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

  1. Notice varied and upheld1 September 20263371510
    25 Milton Street, Wakefield, WF2 8TL
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  3. Notice varied and upheld6 August 20263363754
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  4. Notice upheld24 July 20263375942
    Land at Unit 8 Back Grantley Street, Wakefield, WF1 4LG
  5. Notice varied and upheld24 July 20263374765
    4 Brooksfield, South Kirkby, Pontefract, WF9 3DL

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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