Non-compliance — Former sand quarry being used by angling society — Formal application for planning permission refused — Appeal against enforcement notice dismissed — Grounds of refusal unsuitable access for traffic and effect on amenities — Society contending that county structure plan encouraging “water recreation” — Whether proper considerations taken into account — Whether traffic impact materialising — Whether permission should be granted on conditions — Appeal allowed
Members of the Price Albert Angling Society used the flooded site of a former sand quarry which extended to some 112 acres outside Mobberley, near Macclesfield. The local authority served an enforcement notice which was followed by an appeal. In his decision letter the inspector referred to the traffic impact and the effect on safety and amenities. With regard to the issue of parking requirements, he further stated that the society would not be able to administer and enforce a parking prohibition. The society appealed.
Held The appeal by the trustee on behalf of the society was allowed.
1. The inspector failed to have due regard to the provisions of the county structure plan: see section 88B(2) of the Town and Country Planning Act 1971 (now section 177(2) of the Town and Country Planning Act 1990). In particular the structure plan referred to “water recreation” and stated that such proposals should not only be encouraged but even incorporate multiple use of water resources.
2. Moreover, the inspector failed to give adequate consideration to whether the reason for refusing consent over the question of parking could not have been overcome by attaching conditions to the planning permission: see Pebrsson v Secretary of State for the Environment [1990] 3 PLR 66.
Barry Payton (instructed by Dunn & Co) appeared for the applicant trustee; and Ian Ashford-Thom (instructed by the Treasury Solicitor) appeared for the Secretary of State for the Environment.
