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Quashed On Legal Grounds13 September 20243341049

Land Off Foxt Road, Foxt, Leek, Staffordshire, ST10 2HN

Planning appeal 3341049 at Land Off Foxt Road, Foxt, Leek, Staffordshire, ST10 2HN (Staffordshire Moorlands District Council) was decided (quashed on legal grounds) on 13 September 2024 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the notice has occurred (ground b).

Erection of a pole barn erected on a stone chip hardstanding

Authority
Staffordshire Moorlands District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Walker A
Postcode
ST10 2HN

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the notice has occurred (ground b)
  • Whether the matters alleged in the notice constitute a breach of planning control (ground c)
  • Whether at the time the notice was issued it was too late to take enforcement action against the alleged breach (ground d)

What decided it

The pole barn and hardstanding were substantially completed by 7 December 2019, placing them beyond the four-year enforcement period, making it too late to take enforcement action when the notice was issued on 8 March 2024.

What the Inspector cited

Judgments
Sage v SSETR & Maidstone BC [2003] UKHL 22

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.

See how each was applied

The decision letter

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More decisions in Staffordshire Moorlands

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

  1. Quashed On Legal Grounds21 August 20263377456
    Sprinks Farm, Blackwood House Lane, Horton, Leek, Staffordshire, ST13 8QE
  2. Notice upheld13 August 20263371728
    The Land to the East of Ross Road, Staffordshire , ST10 2JF
  3. Notice upheld9 July 20263357672
    158 Bagnall Road, Stoke-on-Trent, ST2 7LW
  4. Quashed On Legal Grounds15 June 20263356969
    57 Ostlers Lane, Cheddleton, Leek, ST13 7HS
  5. Notice upheld14 May 20263375060
    Little Blakeley, Lane Farm, Blakeley Lane, Dilhorne, Stoke on Trent, ST10 2PT

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.