Highlands Farm, Portsmouth Road, Ripley, GU23 6EY

Authority: Guildford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: other · Change of use
Inspector: Whitfield J

Main issues, as the Inspector framed them

Whether the matters alleged to constitute the breach of planning control as stated in the notice had occurred at the date the notice was issued (ground (b))

What decided it

The enforcement notice's allegation of a mixed use failed to include an agricultural component that the Inspector found was actually occurring on the Land, and correcting this omission would cause injustice to the appellant, so ground (b) succeeded and the notice was quashed.

Judgments cited: R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (Admin); Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777

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