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Quashed On Legal Grounds23 October 20243340105

Site Known As Former Albert Mill, Albert Street, Whitworth, Rossendale, OL12 8PJ

Planning appeal 3340105 at Site Known As Former Albert Mill, Albert Street, Whitworth, Rossendale, OL12 8PJ (Rossendale Borough Council) was decided (quashed on legal grounds) on 23 October 2024 by Inspector Baxter C, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and what is required to remedy the breach.

without the benefit of planning permission, operational development has taken place on the Land comprising earthworks; the importation of construction materials and plant machinery; the formation of a new access ramp; the crushing of old construction materials; site clearance and the excavation of the Land

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other Major Developments
Inspector
Baxter C
Postcode
OL12 8PJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and what is required to remedy the breach

What decided it

The enforcement notice does not specify with sufficient clarity the alleged breach of planning control and what is required to remedy it, and the Inspector could not correct it without causing injustice to the appellant.

The decision letter

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More decisions in Rossendale

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

  1. Dismissed13 May 20263357327
    Sowclough Farm , Sowclough Road, Stacksteads, Bacup, Lancashire, OL13 8LB
  2. Notice varied and upheld9 June 20253327155
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  3. Notice varied and upheld29 May 20253328498
    783 Burnley Road, Crawshawbooth , Lancashire , Lancashire, BB4 8BW
  4. Notice varied and upheld31 October 20243333704
    Old Hall Farm, Haslingden Old Road, Rossendale, BB4 8RR
  5. Notice varied and upheld10 June 20243319494
    Land at Milne Street, Irwell Vale, Haslingden, BB4 5QL

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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