®Planning appeal decision
Elderberry Farm (formally south of Rosemary Cottage) , New Road , Manea, PE15 6XG
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
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.
Judgments cited: 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
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.