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 · Not Applicable
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.

What decided it

The appellants repeatedly failed to produce sufficiently clear, precise and unambiguous evidence to discharge the burden of proof needed to establish immunity from enforcement/lawful use over the relevant statutory periods.

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; Crawley Borough Council v Hickmet Ltd [1998] 75 P&CR 55; 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)

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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