®Planning appeal decision
Land known as Oak View, Hypocrite Lane, Wroo Road, Attleborough, Norfolk, NR17 1AR
Without planning permission, the material change of use of the Land from land used for agriculture to a mixed use of land used for agriculture, the keeping and breeding of dogs and residential use
- Authority
- Breckland Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Kean G
Main issues, as the Inspector framed them
- Whether the ten-year or four-year immunity rules apply and whether the alleged matters constitute a breach of planning control (grounds (c) and (d))
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control or any injury to amenity caused by it (ground (f))
- Whether the period specified in the notice for compliance falls short of what should reasonably be allowed (ground (g))
What decided it
The container was found, as a matter of fact and degree, to be a use of land rather than a building, so the residential use could not acquire immunity and the mixed use was confirmed as an unauthorised breach of planning control.
The harm caused by the development to the character and appearance of the locality and the unsustainable nature of residential development in this location was weighed against the appellant's need for time to resolve her accommodation, resulting in a 12-month compliance period rather than the requested 12-18 months or the Council's original 9 months.
Judgments cited: Britannia Assets v SSCLG & Medway Council [2011]; Uratemp Ventures Ltd. v Collins [2001] UKHL 43; Grendon v First Secretary of State [2006] EWHC 1711 (Admin); Gravesham BC v SSE & O’Brien [1982] 47 P&CR 142; Wallington v Secretary of State for Wales (1991) 62 P & CR 150; Murfitt v Secretary of State for the Environment and East Cambridgeshire District Council [1980] 5 WLUK 47; Somak Travel Ltd v Secretary of State for the Environment [1987] 5 WLUK 176
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.