Land at Former Coal Yard, Thrupp Lane, Radley Abingdon, Oxfordshire , OX14 3NG

Planning appeal 3335908 at Land at Former Coal Yard, Thrupp Lane, Radley Abingdon, Oxfordshire , OX14 3NG (Oxfordshire County Council) was decided (quashed on legal grounds) on 9 September 2024 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: Whether the appeal site comprises a separate planning unit or forms part of a wider mixed-use planning unit encompassing the former coal yard.

Without planning permission, a material change of use of the land from a coal yard to the importation, storage, processing and transfer of waste material, associated parking/storage, and operational development including a fixed canopy building and portakabin office/facilities building

Authority: Oxfordshire County Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: minerals-waste · Change of use
Inspector: Savage M
Postcode: OX14 3NG

Main issues, as the Inspector framed them

Whether the appeal site comprises a separate planning unit or forms part of a wider mixed-use planning unit encompassing the former coal yard
Whether the enforcement notice can be corrected under section 176 without causing injustice to the appellant or the Council

What decided it

The enforcement notice's allegation failed to identify that the appeal site formed part of a wider mixed-use planning unit and its component activities, and correcting this defect would cause injustice, rendering the notice invalid beyond correction.

What the Inspector cited

Judgments: Miller-Mead v MHLG [1963] 2 WLR 225; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Church Commissioners v SSE & Gateshead MBC [1996] 71 P. & C.R.; Ralls v SSE and another [1997] Lexis Citation 3720

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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.