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Planning appeal decision

Notice varied and upheld19 June 20243338746

98 MANCHESTER ROAD, THURLSTONE, SHEFFIELD, S36 9RE

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.