2 Sunnybank, Newall With Clifton, OTLEY, LS21 2HA

the unauthorised material change of use of the land to domestic garden

Authority: Harrogate Borough Council *
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice constitute a breach of planning control (Ground c)
Whether the steps required by the notice exceed what is necessary to remedy the breach (Ground f)
Whether the period for compliance is reasonable (Ground g)

What decided it

The appellant's acceptance of the material change of use combined with failure to prove it was not a breach, and the need to maintain the enforcement notice's full remedial purpose without the ability to assess planning merits of any variation.

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