®Planning appeal decision
Riley Hill Farm, The Barrow, Cradley, WR13 5JE
without planning permission the creation of a motocross track with jumps within the area of land outlined in red on the accompanying plan
- Authority
- Herefordshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- leisure-sport · Other minor developments
- Inspector
- Jones D
Main issues, as the Inspector framed them
- Whether, on ground (d), the operational development to create the motocross track with jumps had been substantially completed more than four years before the notice was issued so as to be immune from enforcement action
- Whether, on ground (f), the steps required by the notice are excessive and lesser steps could overcome the breach of planning control or injury to amenity
What decided it
The Inspector's finding, as a matter of fact and degree, that the September 2019 works resulted in the creation of an entirely new motocross track rather than the modification of the pre-existing one, meaning the development was not immune from enforcement action.
Judgments cited: Miller-Mead v Minister of Housing and Local Government [1963] 2 WLR 225; Oates v SSCLG & Canterbury CC [2017] EWHC 2716 (Admin), [2018] EWCA Civ 2229; [2019] JPL 251; Hewlett v Secretary of State for the Environment v Brentwood DC [1985] WL 311159
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.