®Planning appeal decision
Oak Lodge Farm Thompson Hill, High Green, SHEFFIELD, S35 4JT
‘Without planning permission the carrying out of operational development on the Land comprising: 1. the construction of a building, Building A, 2. the construction of a building, Building B.’
- Authority
- Sheffield City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Hitchcock R
Main issues, as the Inspector framed them
- An appeal on this ground is that the alleged construction of the 'buildings' hasn't occurred (ground (b))
- An appeal on this ground is that the matters stated in the Notice do not constitute a breach of planning control (ground (c))
- An appeal on this ground is that, at the date when the notice was issued, no enforcement action could be taken in respect of any such breach (ground (d))
What decided it
The appellant failed to discharge the burden of proof that the structures were not 'buildings', that lawful use/curtilage and GPDO compliance applied, or that the requisite immunity periods had accrued.
Judgments cited: Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025; Cardiff Rating Authority v Guest Keens [1949] 1 KB 385; James v MHLG & Brecon CC [1963] 15 P&CR 20
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.