®Planning appeal decision
Elderberry Farm (Formally South of Rosemary Cottage) , New Road , Manea, PE15 6XG
Planning appeal 3233635 at Elderberry Farm (Formally South of Rosemary Cottage) , New Road , Manea, PE15 6XG (Fenland District Council) was decided (quashed on legal grounds) on 4 November 2021 by Inspector Murray J, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's refusal of an LDC was well-founded, turning on whether the appellant proved on the balance of probability that planning permission for residential use of the land and buildings involving the siting of caravans is deemed to have been granted by virtue of s173(11) of the Town and Country Planning Act 1990, and that the day room building was substantially completed by 8 January 2015.
without planning permission, the construction of a dayroom shown purple on the attached plan1
- Authority
- Fenland District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Householder developments
- Inspector
- Murray J
- Postcode
- PE16 6XG
Main issues, as the Inspector framed them
- Whether the Council's refusal of an LDC was well-founded, turning on whether the appellant proved on the balance of probability that planning permission for residential use of the land and buildings involving the siting of caravans is deemed to have been granted by virtue of s173(11) of the Town and Country Planning Act 1990, and that the day room building was substantially completed by 8 January 2015
- For ground (d), whether the appellants proved on the balance of probability that the day room building was substantially completed by 25 June 2015
What decided it
The Inspector's factual finding, on the balance of probability, that the day room building had been substantially completed by 8 January 2015 (before the relevant four-year immunity dates), combined with the finding that deemed planning permission for residential use had already arisen under s173(11) following compliance with the 2011 enforcement notice.
What the Inspector cited
- Judgments
- Fidler v FSS [2004] EWCA Civ 1295; Williams v Herefordshire Council [2010] EWHC 3617 (Admin); Restormel BC v SSE [1982] JPL 785; Wealden DC v SSE (1988) 56 P&CR 286; Miller-Mead v MHLG [1963] 2 QB 196; Sage v SSETR [2003] UKHL 22
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
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With an account
What an account adds to this decision
More decisions in Fenland
The authority’s record since 2016 · every decision in 2021
- Notice varied and upheld30 March 20263334234Land at 10 Redmoor Lane, Wisbech, Cambridgeshire, PE14 0RN
- Notice varied and upheld16 September 202433170776 Bridge Lane, Wimblington, March, PE15 0RS
- Invalid12 September 20243329398Elm Farm, Hospital Road, Doddington, March, PE15 0SL
- Planning permission granted27 November 20233316943Cadermist, Iretons Way, Chatteris, Cambridgeshire, PE16 6UZ
- Dismissed22 October 202660147013 Oakley Close, Wisbech, PE13 2JZ
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.