The Leys, Welsh Road, Priors Hardwick, CV47 7SJ

the change of use of the Land from agricultural land to domestic garden use in connection with dwelling known as The Leys; and the erection of a timber climbing frame with integral swing and raised platform, which comprises operational development requiring planning permission and which facilitates the change of use described above

Authority: Stratford-on-Avon District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the post and rail fence is development permitted under the Town and Country Planning (General Permitted Development)(England) Order 2015 and whether an enforcement notice can require removal of permitted development that facilitates an alleged material change of use

What decided it

The application of the Murfitt principle that permitted development works facilitating an alleged material change of use may be required to be removed by an enforcement notice, combined with the Appellants' failure to challenge the underlying change of use allegation.

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
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