®Planning appeal decision
Land at Mirebank Wood and adj. 10 Elm Garth, Wetheral, CA4 8LB
without planning permission, the material change of use of the Land from woodland (class sui generis) to use as a domestic garden use associated with a dwellinghouse (class C3) and associated operational development consisting of engineering operations by depositing surplus soil and materials on the Land from building work at 10 Elm Garth, Wetheral, CA4 8LB, causing a change in the land levels (of up to 1000mm) within the Root Protection Areas of protected trees (TPO266 Appendix 2)
- Authority
- Cumberland
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the matters comprising the alleged breach of planning control have occurred (ground b)
- Whether at the date the notice was issued, enforcement action could be taken in respect of any breach of planning control (ground d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f)
What decided it
The requirement to plant two replacement trees for each lost protected tree was excessive as it sought to put in place more trees than existed prior to the breach, and the five-year replacement guarantee was equivalent to imposing a planning condition rather than remedying the breach.
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.