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Planning appeal decision

Notice varied and upheld14 April 20223238589

Land and Premises Known As Woodlands, Brockford Road, Wetheringsett Cum Brockford, Suffolk, IP14 5NR

Planning appeal 3238589 at Land and Premises Known As Woodlands, Brockford Road, Wetheringsett Cum Brockford, Suffolk, IP14 5NR (Mid Suffolk District Council) was allowed in part (a split decision) on 14 April 2022 by Inspector Perrins R, following a hearing. The main issue, as the Inspector framed it: Whether the requirements of the notice are excessive having regard to the purpose of restoring the land to its condition before the breach took place (ground (f)).

without planning permission, the change of use of agricultural land for the stationing of caravans for residential occupation; laying of hardstanding; erection of buildings and formation of new vehicular access off Brockford Road

Authority
Mid Suffolk District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Perrins R

Main issues, as the Inspector framed them

  • Whether the requirements of the notice are excessive having regard to the purpose of restoring the land to its condition before the breach took place (ground (f))
  • Whether the period for compliance with the notice falls short of what is reasonable (ground (g))

What decided it

The appellants' personal circumstances, including the best interests of the children and the public sector equality duty, justified extending the compliance period from three to eighteen months.

the personal circumstances and best interests of the children were weighed against the need for timely compliance with the enforcement notice, resulting in an extended 18-month compliance period rather than the original three months

What the Inspector cited

Judgments
Britannia Assets (UK) Ltd v SSCLG [2011] EWHC 1980 (Admin); AZ v SSCLG & South Gloucestershire DC [2012] EWHC 3660 (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.

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The decision letter

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More decisions in Mid Suffolk District Council

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

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  3. Dismissed28 August 20263343778
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  4. Dismissed16 March 20263356460
    Cagmans Farm, High Road, Great Finborough, Stowmarket, Suffolk, IP14 3AP
  5. Notice upheld16 March 20263348273
    Cagmans Farm, High Road, Great Finborough, Suffolk, IP14 3AP

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.