Longfield Poolhead Lane, Tanworth-In-Arden, Solihull, B94 5ED

Planning appeal 3342067 at Longfield Poolhead Lane, Tanworth-In-Arden, Solihull, B94 5ED (Stratford-on-Avon District Council) was decided (quashed on legal grounds) on 14 October 2024 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: Whether the notice is a nullity for ambiguity/uncertainty in paragraph 3iv).

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
Postcode: B94 5ED

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.

What the Inspector cited

Judgments: Miller Mead v MHLG [1963] 2 WLR 225; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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.

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The decision letter

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More decisions in Stratford-on-Avon

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

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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.