C/O 9 Chaseley Croft, CANNOCK, WS11 1HU

Without planning permission, the unauthorised erection of a solid corrugated metal means of enclosure, over one metre in height, on the boundary of the Land, fronting Chaseley Croft

Authority: Cannock Chase District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Ollerenshaw M

Main issues, as the Inspector framed them

Whether the enforcement notice relating to the means of enclosure is valid and enforceable
Whether the alleged material change of use to mixed residential and storage use constitutes a breach of planning control
Whether the breach is immune from enforcement action due to the passage of time

What decided it

The enforcement notice relating to the means of enclosure is invalid due to vague and ambiguous requirements and an incorrect plan, while the storage use constitutes a material change of use not protected by permitted development rights or the ten-year immunity period.

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