®Planning appeal decision
Land at Alba Stables, Bridge Way, Cobham, Surrey, KT11 1HW
- Within the last four (4) years and without planning permission, the formation of hardstanding. - With [sic] the last four (4) years and without planning permission, the erection of walls, gates and piers
- Authority
- Elmbridge Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Saward K
Main issues, as the Inspector framed them
- The main issue is whether the Council's decision to refuse to grant a LDC for part of the development applied for was well-founded.
What decided it
The appellants failed to produce sufficiently precise, reliable and continuous evidence to establish immunity from enforcement action for any of the uses/operations over the relevant statutory periods.
Framework references: 58
Judgments cited: Fidler v FSS & Reigate Banstead BC 2004 EWCA Civ 1295; Burdle v SSE [1972] 3 All E.R. 240; Gregory & others v SSE & another [1990] 60 P&CR 413; Swale Borough Council v SSE [2005] EWCA Civ 1568; Gravesham BC v SSE & O'Brien [1983] JPL 306; London Borough of Islington v SSHCLG and Maxwell Estates Ltd [2019] EWHC 2691 (Admin); Crawley Borough Council v Hickmet Ltd [1998] 75 P&CR 55
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.