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Planning appeal decision

Notice upheld4 February 20263370526

11 Howmead, Berkeley, Gloucestershire, GL13 9AR

Planning appeal 3370526 at 11 Howmead, Berkeley, Gloucestershire, GL13 9AR (Stroud District Council) was dismissed on 4 February 2026 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: Whether, prior to the issue of the notice, a period of four years has passed beginning with the date on which the operational development referred to in the notice was substantially completed (ground (d)).

Without planning permission, the material change of use of land from agricultural to residential, the erection of a domestic outbuilding and the construction of a raised patio area

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Moss J
Postcode
GL13 9AR

Main issues, as the Inspector framed them

  • Whether, prior to the issue of the notice, a period of four years has passed beginning with the date on which the operational development referred to in the notice was substantially completed (ground (d))
  • Whether the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The appellants failed to prove, on the balance of probability, that the outbuilding and patio were substantially completed (in their fully finished, intended form) before 2 July 2021, so the four-year immunity period had not elapsed.

What the Inspector cited

Judgments
Sage v SSETR & Maidstone BC [2003] UKHL 22; [2003] JPL 1299

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Stroud

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld19 June 20263369713
    Land of Ebley Road, Ebley, GL10 2LW
  2. Notice upheld18 June 20263362681
    52 Bridge Mead, Ebley, Stroud, GL5 4BP
  3. Notice varied and upheld4 February 20263370587
    35 Howmead, Berkeley, GL13 9AR
  4. Notice varied and upheld4 February 20263370571
    23 Howmead, Berkeley, GL13 9AR
  5. Allowed29 August 20253337580
    10 Canons Court Mews, Bradley Green, Wotton-Under-Edge, GL12 7PN

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.