®Planning appeal decision
The Land at Rambling Rose, off Southampton Road, Clarendon, Salisbury, Wiltshire, SP5 3DG
Without planning permission, the material change of use of Land from agriculture to a mixed use of agriculture and residential purposes
- Authority
- Wiltshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Kean G
Main issues, as the Inspector framed them
- Whether the Barn had the characteristics of a dwelling, when its change of use as a dwelling began and whether it has been used as such continuously for 4 years
- If those conditions are met, whether the residential use of the Barn may yet be enforced against on public policy grounds, in light of what the Council alleges to be the appellant's deception as to its true use
What decided it
The appellant established continuous residential use of the Barn as a single dwelling for at least 4 years before the notice was issued, and the alleged deception (concerning the separate Twin Unit) was found not to be directly intended to undermine the immunity claim for the Barn, so the Welwyn principle did not apply.
Judgments cited: Gravesham BC v SSE & O’Brien [1983] JPL 306; Grendon v The First Secretary of State and Cotswold DC [2006] EWHC 1711 (Admin); London Borough of Islington v SSCLG and Maxwell Estates Limited [2019] EWHC 2691; Secretary of State for Communities and Local Government and another (Respondents) v Welwyn Hatfield Borough Council (Appellant) [2011] UKSC 15; Jackson v Secretary of State for Communities and Local Government; Bonsall v Secretary of State for Communities and Local Government [2015] EWCA Civ 1246; Massingham v Secretary of State for Local Government Transport and the Regions [2002] EWHC 1578 (Admin); Andrew Blackburn v First Secretary of State, South Holland District Council [2003] EWHC 671 (Admin)
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.