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Notice varied and upheld21 October 20243343383

Land at Former Hob Lane Farm,, , (Previously 475 Blackburn Road, Edgworth, Turton), Bolton, BL7 0PU

Planning appeal 3343383 at Land at Former Hob Lane Farm,, , (Previously 475 Blackburn Road, Edgworth, Turton), Bolton, BL7 0PU (Blackburn with Darwen Borough Council) was allowed in part (a split decision) on 21 October 2024 by Inspector Jones D, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c)).

the material change of use of the land to that of a residential use, by virtue of the siting of a caravan used for residential purposes

Authority
Blackburn with Darwen Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Change of use
Inspector
Jones D
Postcode
BL7 0PU

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c))
  • Whether it was too late to take enforcement action at the time the notice was issued (ground (d))
  • Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The appellant could not demonstrate that the residential use of the caravan, following the formation of a new single planning unit in 2006, had continued without significant interruption for a continuous 10-year period, meaning the use was not immune from enforcement.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Panton & Farmer v SSETR & Vale Horse DC [1999] JPL 461; Trustees of Castell-y-Mynach Estate v Taff Ely BC [1985] JPL 40; M & M (Land) Ltd v SSCLG [2007] All ER(D) 55; Mansi v Elstree RDC [1964] 16 P&CR 154; Cord v SSE & Torbay BC [1981[ JPL 40

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.

See how each was applied

The decision letter

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More decisions in Blackburn with Darwen

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

  1. Notice varied and upheld9 October 20253365210
    204 Preston New Road, Blackburn, BB2 6PN
  2. Notice varied and upheld5 February 20253349797
    Land at Hall Moss Farm, Bolton Road, Darwen, Lancashire, BB3 2DT
  3. Notice upheld15 August 20243313692
    29 Princess Gardens, Blackburn, BB2 5EJ
  4. Notice upheld9 August 20233314223
    10 Brantfell Road, Blackburn, BB1 8DN
  5. Notice varied and upheld14 February 20233304083
    Land and Buildings on the South Side of Livesy Branch Road, Blackburn, BB2 5FB

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.