Appeal Refs: APP/L3245/C/19/3234443 & 3234444 Land at Thornacre Farm
Stoke St Milborough Parish Council
Site visit made on 20 October 2020 by J Moss BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State
Decision date: 24th December 2020
Appeal Refs: APP/L3245/C/19/3234443 & 3234444 Land at Thornacre Farm, Stoke St. Milborough, Ludlow SY8 2ES
• The appeals are made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.
• The appeals are made by Mr Peter Thomas Middleton and Mrs Leah Middleton against an enforcement notice issued by Shropshire Council.
• The enforcement notice, numbered 18/06050/ENF, was issued on 2 July 2019.
• The breach of planning control as alleged in the notice is without planning permission, a material change of use of the Land from agriculture to a mixed use of agriculture and use for recreational motorcycling activities comprising racing of motorcycles (motocross), practising for motorcycle (motocross), including the formation of race track incorporating jumps, berms together with erection of a track observation tower all part of the material change of use.
• The requirements of the notice are: i) Cease the use of the Land for recreational motorcycling activities comprising racing or motorcycles/motocross and practicing for motorcycle racing events. The approximate location of the motorcycle track is indicated with the hatch symbol on the attached plan1 . ii) Remove from the Land the track observation tower located in the approximate position marked with an ‘X’ in the attached plan.
iii) Restore the Land to a condition before the breach took place removing all man made jumps, berms and other excavations/operations undertaken to level area of the Land to form a motocross.
iv) Remove from the land all culverting operations to Batch Gutter including all pipework installed, including excavations to dam the watercourse and restore the Land to a condition before the breach took place. The operations are shown with a ‘O’ symbol on the attached plan.
• The period for compliance with the requirement 5(i) is one day after the notice takes effect and the period for compliance with requirements 5 (ii), 5 (iii) and 5 (iv) is 6 months after the notice takes effect. • The appeals are proceeding on the ground set out in section 174(2)(b), (c), (d) and (f) of the Town and Country Planning Act 1990 as amended.
Summary Decisions: Both Appeals are dismissed and the enforcement notice is upheld with a correction and variation in the terms set out below in the Formal Decisions.
See Shropshire Council website for full details of the decision
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Stoke St Milborough, Ludlow, Shropshire