®Planning appeal decision
Land at Ironside, Flitterbrook Lane, Rushlake Greeen, Warbleton, East Sussex, TN21 9QH
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
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.
Judgments cited: 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
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.