A LONG planning battle which saw Barnsley Council take enforcement action in order to remove a log cabin from a site has resulted in a government department overruling the local authority.
Owner Dominic Croft, who was ordered to remove the structure and domestic items from the site on Sandy Bridge Lane, Shafton, appealed against the council’s enforcement notice with the Planning Inspectorate.
The council - who claimed the building was effectively being used as a caravan - put forward their concerns to inspector Elizabeth Pleasant, who then visited the site.
However, according to documents released this week, Ms Pleasant quashed the council’s put-right notice and sided with Mr Croft.
A report said: “It is the appellant’s case that the log cabin erected on site is not a caravan but is a permanent building and not a mobile home.
“The other development that has taken place on the site, including the two outbuildings, are ancillary to the erection of the dwelling.
“The structure that is now on the land, and the subject of the enforcement notice, is now comprised of more than two parts.
“It has been modified and extended to provide additional bedroom accommodation.
“It is understood from the appellant that those works were undertaken during the summer of 2020 and that date is supported by aerial images provided by the council.
“On the other hand, the council consider the log cabin to be a ‘twin-unit caravan’ and consider that a material change of use has occurred in the use of the land for residential use of a caravan.
“Considering the structure is not a caravan, the alleged material change of use of the land to the residential use of a caravan has not occurred as a matter of fact.
“The enforcement notice will be quashed.”
Sandy Bridge Lane - which connects Shafton to Royston - has long been on the council’s radar for planning-related concerns due to a series of unlawful developments including a traveller site and an unauthorised vehicle dismantling yard.
Enforcement action was taken on 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, helping us to make sure the process is fair for everyone.
“The appeal decision hinged on whether this structure was defined as a caravan as set out in the enforcement notice or instead as a building under the Town and Country Planning Act.
“Due to the additions and extensions that have taken place to this structure, the inspector decided to quash the enforcement notice.
“We respect the decision of the Planning Inspectorate and will consider what next steps are needed for this site.”
