A MAN who was served with an enforcement notice from Barnsley Council over what planning bosses alleged was the illegal siting of a lodge on protected green belt land has won his appeal.
Ronald Walker, of Hay Green Lane, Birdwell, had sought for the notice to be overturned by the Planning Inspectorate, a government-run body which has the power to overrule a council-made decision.
According to documents obtained by the Chronicle, Barnsley Council served action against Mr Walker in October 2023 for his failure to comply with planning regulations.
However, given Mr Walker had the right to pursue an overturning of the decision, it was revealed this week that he had been successful after an inspector assessed the ruling.
A report, compiled by inspector Zoe Franks, said: “The breach of planning control as alleged in the notice is the material change of use of the land for the siting and use of the land for human habitation of a chalet or lodge.
“The requirements of the four-month notice were to cease the use of the land and remove the structure along with any associated items.
“The appeal site is in the green belt but the appellant accepts, as do I, that the development falls within the definition of inappropriate development.
“This structure is sited in an enclosed section of the wider parcel of land.
“It is mostly bounded by existing hedgerow - whilst the appellant was not arguing that the appeal site is part of a larger planning unit, they asked that the wider site was taken into account when weighing other considerations as to amount to the very special circumstances in green belt terms.
“Most of the views of the development are from within the privately owned wider site, but it can also be seen from the adjacent properties and from the footpath and properties further to the west.
“However, considering the views from the west in particular which are filtered through the trees, and the development is viewed in the context of the other surrounding houses, agricultural buildings and the pre-existing caravan and other associated structures.
“While it is possible to see the chalet, it does not cause significant harm in terms of the character and appearance of the area as it is only single-storey with the longer views mainly of the low-level steel roof.
“It does not look very different from the range of other structures in the vicinity other than in the immediate views of the entire structure from close proximity.
“The appeal is allowed, the enforcement notice is quashed and planning permission is granted.”
