®Planning appeal decision
Longfield Poolhead Lane, Tanworth-In-Arden, SOLIHULL, B94 5ED
without planning permission, the following development: i) Material change of use of the land to a business use ii) The erection of buildings (in the approximate positions shown 'C' and 'E' on the Plan) iii) Creation of additional area of hardstanding (in the approximate position shaded in grey and identified as 'D' on the Plan) iv) Significant alteration and extension to the former garage building (in the approximate position 'A' on the Plan) which facilitates and was part and parcel of the change of use to business use; and v) The erection of new building (in the approximate position 'B' on the Plan) which facilitates and was part and parcel of the change of use to business use referred to item i) above
- Authority
- Stratford-on-Avon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Whether the notice is a nullity for ambiguity/uncertainty in paragraph 3iv)
- Whether the ground (e) appeals succeed regarding service of the notice under section 172
- Whether the alleged breach of planning control (material change of use of the land to a business use) occurred (ground (b))
What decided it
The Inspector found that the site was in a mixed domestic and business use rather than the alleged sole business use, so the breach as alleged had not occurred and the notice could not be corrected without causing injustice.
Judgments cited: Miller Mead v MHLG [1963] 2 WLR 225; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.