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Notice varied and upheld19 June 20243338746

98 Manchester Road, Thurlstone, Sheffield, S36 9RE

Planning appeal 3338746 at 98 Manchester Road, Thurlstone, Sheffield, S36 9RE (Barnsley Metropolitan Borough Council) was allowed in part (a split decision) on 19 June 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were properly served on everyone with an interest in the land.

without planning permission the material change of use of the land to use as two residential dwellings arising from the use of a detached garage (shown edged/coloured blue on the attached plan) as a separate a residential dwellinghouse (C3: dwellinghouse use class)

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hartley D
Postcode
S36 9RE

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were properly served on everyone with an interest in the land
  • Whether the matters comprising the alleged breach of planning control have occurred
  • Whether the matters alleged constitute a breach of planning control
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control

What decided it

The appellant failed to provide sufficient objective evidence to demonstrate that the building had been in continuous use as a separate dwellinghouse for the required four-year period to establish a certificate of lawfulness under ground (d).

The decision letter

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More decisions in Barnsley

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

  1. Notice varied and upheld12 August 20263364210
    36 Littleworth Lane, Monk Bretton, Barnsley, S71 2JR
  2. Notice varied and upheld14 July 20253327125
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  3. Notice upheld28 May 20253338150
    12 Hallgate, Thurnscoe, Rotherham, S63 0TU
  4. Notice upheld14 April 20253329363
    30 Church Way, Tankersley, Pilley, S75 3FP
  5. Planning permission granted19 March 20253332852
    Hay Green Barn Hay Green Lane, Birdwell, Barnsley, S70 5XE

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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