®Planning appeal decision
Land at Oake Lodge, Stathe Road, Burrowbridge, Somerset, TA7 0JH
Planning appeal 3249482 at Land at Oake Lodge, Stathe Road, Burrowbridge, Somerset, TA7 0JH (Somerset West and Taunton *) was decided (quashed on legal grounds) on 8 March 2022 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Appeal A ground (d): whether, at the time the enforcement notice was issued, it was too late to take enforcement action, i.e. whether the material change of use began before 11 February 2016 and continued for at least four years thereafter.
the unauthorised change of use of an agricultural building (as shown edged in black on the plan annexed to the enforcement notice) to use as a residential dwelling
- Authority
- Somerset West and Taunton *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Boffin D
- Postcode
- TA7 0JH
Main issues, as the Inspector framed them
- Appeal A ground (d): whether, at the time the enforcement notice was issued, it was too late to take enforcement action, i.e. whether the material change of use began before 11 February 2016 and continued for at least four years thereafter
- Appeal B ground (d): whether the operations involved in the construction of compost toilet buildings A and B were substantially completed prior to 12 July 2017
What decided it
The Inspector found, on the balance of probabilities, that the residential use of the barn (Appeal A) and the compost toilet buildings (Appeal B) had existed for more than four years before the respective enforcement notices were issued, engaging immunity from enforcement action under section 171B(2) of the 1990 Act.
What the Inspector cited
- Judgments
- Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Gabbitas v SSE & Newham LBC [1985] JPL 630
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.