®Planning appeal decision
245 Ecclesall Road, SHEFFIELD, S11 8JE
without planning permission, the change of use of the Land for the use as a car park for use by motor vehicles at the site of 245 Ecclesall Road, Sheffield, S11 8JE
- Authority
- Sheffield City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Major general industry/storage/warehousing
- Inspector
- Kean G
Main issues, as the Inspector framed them
- whether a car park use is acceptable in this location having regard to local and national planning policies that promote sustainable transport
- the effect of the development on the character and appearance of the area including highway safety
- if the development is otherwise acceptable in planning terms whether, having regard to the alternative housing scheme, the unauthorised use should be refused as conflicting with local or national planning policy or other material considerations
What decided it
The existence of an extant planning permission for housing that has been recently varied, approved and commenced, combined with the Council's inability to demonstrate five-year housing land supply, created exceptional circumstances where refusal of the car park use would materially assist in progressing the alternative scheme.
the benefits of delivering housing on a brownfield site in a context of insufficient housing land supply outweighed the continuation of the car park use, which would delay and disincentivise redevelopment
Framework references: 11, 123, 124, 125
Plan policies cited: UDP Policy IB6, UDP Policy IB9, UDP Policy BE9, CS Policy CS53, CS Policy CS66, CS Policy CS74, Draft Policy AS1, Draft Policy SWS03
Judgments cited: Stringer v MHLG [1970] 1 WLR 1281; R. (On the application of Mount Cook and Ltd) v Westminster CC [2003] EWCA Civ 1346; [2004] 2 P. & C.R. 22
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.