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Split Decision30 November 20213218015

Land at Ironside, Flitterbrook Lane, Rushlake Greeen, Warbleton, East Sussex, TN21 9QH

Planning appeal 3218015 at Land at Ironside, Flitterbrook Lane, Rushlake Greeen, Warbleton, East Sussex, TN21 9QH (Wealden District Council) was allowed in part (a split decision) on 30 November 2021 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether the structure erected is a caravan (as the appellant contends) or a building, for the purposes of the ground (b) appeal.

without planning permission, the erection of a building for use as a dwelling in the approximate position shown coloured green on the plan attached to the enforcement notice

Authority
Wealden District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Boffin D
Postcode
TN21 9QH

Main issues, as the Inspector framed them

  • Whether the structure erected is a caravan (as the appellant contends) or a building, for the purposes of the ground (b) appeal
  • Whether, in respect of the hardstanding, it was too late to take enforcement action (ground (d))
  • Whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity (ground (f))

What decided it

The structure failed both the construction test and the mobility test required to qualify as a caravan under the Caravan Sites Act 1968, and was instead found to be a 'building' by reason of its size, permanence and physical attachment.

What the Inspector cited

Judgments
Byrne v SSE & Arun DC [1997] 74 P&CR 420; Brightlingsea Haven Limited v Morris [2009] 2 P&CR 11; Carter v SSE [1994] 1 WLR 1212; Cardiff Rating Authority v Guest Keen Baldwins Iron and Steel Co Ltd [1949] 1KB 385; Barvis v SSE [1971] 22 P&CR 710; Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Wealden District Council

The authority’s record since 2016 · every decision in 2021

  1. Notice varied and upheld28 September 20263356589
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  2. Quashed15 September 20266006632
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  3. decided15 September 20266006631
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  4. Notice upheld22 May 20263358235
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  5. Notice varied and upheld29 April 20263327860
    The Dinglewood Brittenden Lane, Waldron, Heathfield, TN21 0RN

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.