®Planning appeal decision
Land Adjoining 76-78 High Street, Dymchurch, Kent, TN29 0NP
Planning appeal 3221881 at Land Adjoining 76-78 High Street, Dymchurch, Kent, TN29 0NP (Folkestone and Hythe District Council) was allowed in part (a split decision) on 14 March 2022 by Inspector Saward K, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity or invalid.
without planning permission the material change of use of the land shown outlined in red on the plan attached to the notice to use for car sales, storage of cars, storage of touring caravans and trailers
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Saward K
Main issues, as the Inspector framed them
- Whether the enforcement notice is a nullity or invalid
- Whether the matters alleged in the notice constitute a breach of planning control (ground (c))
- Whether enforcement action is time-barred due to immunity from enforcement (ground (d))
- Whether the steps required by the notice are excessive (ground (f))
What decided it
The Inspector's finding that the appeal site was a separate planning unit whose lawful use (caravan display under the 1979 permission) had been materially changed to an unauthorised mixed use, and that the appellants could not prove 10 years' continuous immune use.
What the Inspector cited
- Development plan policies
- Policy BE4
- National Planning Policy Framework
- Paragraph 192Paragraph 194
- Judgments
- Britannia Assets v SSCLG & Medway Council EWHC 1908 (Admin); Miller-Mead v Minister of Housing and Local Government [1963] 1 A11 ER 4592; R v Shayler [2005] All ER; Pioneer Aggregates (UK) Ltd v SSE [1984] 2 All ER 358; Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Jennings Motors Ltd v SSE & New Forest DC [1982] 2 WLR 131; Cynon Valley BC v SSW [1986] JPL 760; East Barnet UDC v British Transport Commission [1962] 2 QB 484; Hertfordshire CC v SSCLG [2012] EWCA Civ 1473; Marshall v Nottingham Corporation [1960] 1 WLR 7071; All ER 659; P & CR 270; Burdle v Secretary of State for the Environment (1972) 1 WLR 1207; Searle v SSE & East Hampshire DC [2006] EWHC 1908 (Admin); Crawley BC v Hickmet Limited [1997] 75 P. & C.R.; Murfitt v SSE [1980] JPL 598; Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.