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Planning appeal decision

Notice upheld10 October 20253341256

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

Planning appeal 3341256 at The Leys, Welsh Road, Priors Hardwick, CV47 7SJ (Stratford-on-Avon District Council) was dismissed on 10 October 2025 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CV47 7SJ

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.

The decision letter

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More decisions in Stratford-on-Avon

The authority’s record since 2016 · every decision in 2025

  1. Allowed19 October 20266011025
    Fir Tree Farm, Welsh Road, Bascote, Southam, CV47 2DY
  2. Dismissed29 June 20266005565
    Brookfields Barn, Stratford Road, Bidford-on-Avon, B50 4LU
  3. Notice varied and upheld19 May 20263358965
    Alne Park Park Lane, Great Alne, Alcester, B49 6HS
  4. Notice upheld12 March 20263359453
    Tyburn Cottage Tithe Barn Lane, Hockley Heath, Solihull, B94 5DJ
  5. Dismissed2 January 20263366311
    The Birches, Temple Grafton, Alcester, B49 6NX

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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