®Planning appeal decision
Notice upheld11 July 20223250601
Browngate Cottage Mayfield Road, Frant, TUNBRIDGE WELLS, TN3 9HS
Without planning permission, the formation of a vehicular access (“the Access”) in the approximate position shown edged green on the attached plan
- Authority
- Wealden District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- King T
Main issues, as the Inspector framed them
- Whether the breach of planning control alleged in the enforcement notice had occurred as a matter of fact at the time the notice was issued (ground b)
- Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
- Whether enforcement action was time-barred under the four-year immunity period for operational development (ground d)
What decided it
The appellant failed to discharge the burden of proof that the works had been substantially completed before the material date of 16 March 2016, as Street View images showed the grass verge intact until May 2019 and the appellant's evidence was neither precise nor unambiguous.
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.