®Planning appeal decision
Land at Alba Stables (aka Alba Stables, aka Hunts Farm & Stables), Bridge Way, Cobham, Surrey, KT11 1HW
- Within the last four (4) years and without planning permission, the formation of hardstanding. - With [sic] the last four (4) years and without planning permission, the erection of walls, gates and piers
- Authority
- Elmbridge Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Saward K
Main issues, as the Inspector framed them
- The main issue is whether the Council's decision to refuse to grant a LDC for part of the development applied for was well-founded.
- This ground of appeal [ground (b)] is that the alleged breach of planning control has not occurred as a matter of fact.
- The ground of appeal [ground (d)] is that at the time the notice was issued it was too late to take enforcement action.
- The ground of appeal [ground (g)] is that the time given to comply with the requirements of the notice falls short of what should reasonably be allowed.
- To succeed on this ground [ground (b), Notice 5], it would need to be demonstrated that the mixed use was not taking place, as alleged.
What decided it
The appellants failed to discharge the burden of proving, on the balance of probabilities, continuous immune use or substantially completed operations throughout the relevant statutory periods, their evidence being vague, inconsistent or contradicted by photographic and technical evidence.
Framework references: 58
Judgments cited: Fidler v FSS & Reigate Banstead BC 2004 EWCA Civ 1295; Burdle v SSE [1972] 3 All E.R. 240; Gregory & others v SSE & another [1990] 60 P&CR 413; Swale Borough Council v SSE [2005] EWCA Civ 1568; Gravesham BC v SSE & O'Brien [1983] JPL 306; London Borough of Islington v SSHCLG and Maxwell Estates Ltd [2019] EWHC 2691 (Admin); Crawley Borough Council v Hickmet Ltd [1998] 75 P&CR 55
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.