®Planning appeal decision
Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS
‘Non-compliance with condition 6 imposed by planning approval ref: 02/00285/FUL for the ‘Erection of stable block’. Condition 6 - The Stables hereby permitted shall be used solely for private equestrian use and not for any commercial purposes or residential use. Reason: To define the permission. The Local Planning Authority would wish to consider other uses against their impact on the locality and against the relevant Development Plan policies and to protect the amenities of the area from inappropriate development
- Authority
- Malvern Hills District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- whether the development is suitably located having regard to the development plan and national policies for new housing and its proximity to facilities and services
What decided it
The Council's inability to demonstrate a five-year housing land supply engaged the presumption in favour of sustainable development under NPPF paragraph 11(d), which outweighed the conflict with the development plan and justified granting permission for the re-use of a redundant building.
The presumption in favour of sustainable development under NPPF paragraph 11(d), supported by national policy for re-use of redundant buildings and previously developed land, outweighed the conflict with the development plan and the reasons for issuing the enforcement notice.
Framework references: 84, 11
Plan policies cited: Policy SWDP2, Policy SWDP4
Judgments cited: FSS v Arun DC & Brown [2006] EWCA Civ 1172
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.