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Planning appeal decision

Quashed On Legal Grounds6 May 20263373824

245 Ecclesall Road, Sheffield, S11 8JE

Planning appeal 3373824 at 245 Ecclesall Road, Sheffield, S11 8JE (Sheffield City Council) was decided (quashed on legal grounds) on 6 May 2026 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: whether a car park use is acceptable in this location having regard to local and national planning policies that promote sustainable transport.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Kean G
Postcode
S11 8JE

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

What the Inspector cited

Development plan policies
UDP Policy IB6UDP Policy IB9UDP Policy BE9CS Policy CS53CS Policy CS66CS Policy CS74Draft Policy AS1Draft Policy SWS03
National Planning Policy Framework
Paragraph 11Paragraph 123Paragraph 124Paragraph 125
Judgments
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

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.

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The decision letter

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

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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.

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