Planning appeal decision
Land At Rear Of 551-561 Attercliffe Road, Kimberley Street, Sheffield, S9 3RA
Planning appeal 3374622 at Land At Rear Of 551-561 Attercliffe Road, Kimberley Street, Sheffield, S9 3RA (Sheffield City Council) was allowed in part (a split decision) on 7 September 2026 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served on all persons with an interest in the land.
- Authority
- Sheffield City Council
- Appeal type
- Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Minor retail and services
- Inspector
- Kean G
Main issues, as the Inspector framed them
- Whether the enforcement notice was properly served on all persons with an interest in the land
- Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact
- Whether the matters alleged amount to a breach of planning control, specifically whether the structure constitutes operational development and whether there has been a material change of use
- Whether the requirements of the notice are excessive
- Whether the time given to comply with the notice is too short
What decided it
The cabin structure has been erected as operational development requiring planning permission, having a substantial footprint, considerable permanence over three and a half years, and physical attachment to the land, notwithstanding its current lack of utilities connection and actual use.
What the Inspector cited
- Judgments
- Impey v Secretary of State for the Environment (1984) 47 P & CR 157; Sage v Secretary of State for the Environment, Transport and the Regions and another [2003] UKHL 22; [2003] 1 W.L.R. 983; Howell v. Sunbury-on-Thames Urban District Council (1964) 15 P. & C.R. 26; Secretary of State for Communities and Local Government and another (Respondents) v Welwyn Hatfield Borough Council (Appellant) [2011] UKSC 15; Backer v Secretary of State for the Environment (1984) 47 P & CR 149; Hedges v Secretary of State for Housing, Communities and Local Government and another [2021] EWHC 2392 (Admin)
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 appliedThe decision letter
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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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