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Quashed On Legal Grounds27 May 20223225770

The Land at Rambling Rose, Off Southampton Road, Clarendon, Salisbury, Wiltshire, SP5 3DG

Planning appeal 3225770 at The Land at Rambling Rose, Off Southampton Road, Clarendon, Salisbury, Wiltshire, SP5 3DG (Wiltshire Council) was decided (quashed on legal grounds) on 27 May 2022 by Inspector Kean G, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode
SP5 3DG

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.

What the Inspector cited

Judgments
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)

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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The authority’s record since 2016 · every decision in 2022

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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.

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.