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Planning row sees council’s compliance notice quashed
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Planning row sees council’s compliance notice quashed

A LONG planning battle which saw Barnsley Council take coercive action to remove a log cabin from a site has resulted in a government department overriding local authority.

Landlord Dominic Croft, who was ordered to remove the structure and household items from the site in Sandy Bridge Lane, Shafton, appealed against the council’s enforcement notice to the Planning Inspectorate.

The council, which claimed the building was effectively being used as a caravan, raised its concerns with Inspector Elizabeth Pleasant, who then visited the site.

However, according to documents released this week, Ms Pleasant overturned the council’s correction notice and sided with Mr Croft.

One report said: “The appellant’s argument is that the log cabin built on the site is not a caravan but a permanent building and not a mobile home.

“The rest of the works that have been carried out on the site, including the two outbuildings, are complementary to the construction of the home.

“The structure that now stands on the land, and the subject of the enforcement notice, now consists of more than two parts.

“It has been modified and extended to provide additional dormitory accommodation.

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“It is understood from the appellant that these works were carried out during the summer of 2020 and that date is supported by aerial images provided by the city council.

“On the other hand, the council considers the log cabin to be a ‘two-unit caravan’ and considers that there has been a substantial change of use in the use of the land for residential use by a caravan.

“Taking into account that the structure is not a caravan, the alleged material change of land use to the residential use of a caravan has not in fact occurred.

“The execution order will be annulled.”

Sandy Bridge Lane, which connects Shafton to Royston, has long been on the council’s radar for planning concerns due to a series of illegal developments including a commuter site and an unauthorized vehicle dismantling yard.

Enforcement action was taken in both matters following pressure from Shafton Parish Council.

Barnsley Council revealed its planning bosses are considering their next steps following the Planning Inspectorate’s decision.

Coun Robin Franklin, cabinet spokesperson for regeneration and culture, added: “We consider a wide range of factors when making planning decisions, which helps us ensure the process is fair for everyone.

“The decision of the appeal depended on whether this structure was defined as a caravan, as set out in the enforcement order, or rather as a building under the Town and Country Planning Act.

“Due to the extensions and additions that have been made to this structure, the inspector decided to annul the execution order.

“We respect the Planning Inspectorate’s decision and will consider the next steps necessary for this site.”