Planning appeal decision
Wyre Mill House Mill Lane, Wolverley, KIDDERMINSTER, DY11 5TR
without planning permission, the material change of use of the land from agricultural to a mixed-use comprising agriculture and: i) The stationing of storage containers ii) Storage of caravans iii) Storage of pallets of building materials iv) General storage of miscellaneous items including IBC containers and heras fencing
- Authority
- Wyre Forest District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Whether the enforcement notice is valid having regard to section 173(11) of the Town and Country Planning Act 1990, which deems planning permission to be granted where a notice could have required cessation of an activity but does not do so
What decided it
The enforcement notice does not require cessation of the mixed-use and therefore, by operation of section 173(11) of the 1990 Act, automatically grants planning permission for the mixed-use, rendering the notice invalid and incapable of correction without causing injustice to the appellant.
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.
®