®Planning appeal decision
Land at 4a Wiswell Lane, Whalley, BB7 9AF
‘Retrospective planning application for the retention of a single dwelling house and associated parking, soft and hard landscaping and associated works ’
- Authority
- Ribble Valley Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hitchcock R
Main issues, as the Inspector framed them
- Appeal A Ground (d): whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the breach
- Appeal A Ground (g): whether the period for compliance specified in the notice falls short of what should reasonably be allowed
- Appeal B: the effect of the development on the character and appearance of the locality
- Appeal B: highway safety
What decided it
The development fails to provide safe and suitable access to the site and harms the character and appearance of the locality, conflicting with the development plan taken as a whole, and the Council can demonstrate a 5-year housing land supply such that the tilted balance does not apply.
The limited benefits of a single residential unit and the appellant's proximity to family members were outweighed by the significant harm to character and appearance and the failure to demonstrate safe and suitable access, with the development plan conflict decisive.
Framework references: 11, 115
Plan policies cited: Policy DMG1, Key Statement DMI2, Policy DMG3
Judgments cited: Sage v SSETR & Maidstone BC [2003] UKHL 22; Gravesham BC v SSE & O'Brien [1982] 47 P. & C.R. 142
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.