®Planning appeal decision
Land Known As Woodlands Farm, West Side, North Littleton, Evesham, WR11 8QP
Planning appeal 3257219 at Land Known As Woodlands Farm, West Side, North Littleton, Evesham, WR11 8QP (Wychavon District Council) was allowed on 23 February 2022 by Inspector Renaudon L, following an inquiry. The main issue, as the Inspector framed it: whether the existing use on the relevant date is accurately described in the notice.
Unauthorised material change of use of agricultural and residential use to a mixed use of agriculture, residential use and: (a) vehicle/equipment storage in connection with a plant hire and construction business, and (b) construction/construction-related materials storage (new and reclaimed)
- Authority
- Wychavon District Council
- Appeal type
- major · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Renaudon L
- Postcode
- WR11 8QP
Main issues, as the Inspector framed them
- whether the existing use on the relevant date is accurately described in the notice
- whether it had begun and been carried on for an uninterrupted period of at least 10 years (or as extended under the 'second bite' provisions) such that the enforcement notice was issued out of time and so should be quashed
- whether the use was being carried on across the whole of the land identified in the notice
- whether a lawful development certificate should be issued in relation to some or all of the matters alleged in the notice over all or part of the land identified in it
What decided it
The appellants' consistent and corroborated evidence that the mixed use had continued without material interruption for more than 10 years before the enforcement notice was issued, establishing immunity from enforcement action.
What the Inspector cited
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413; Bates v Post Office No. 6 [2019] EWHC 3408 (QB)
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
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2022
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- Quashed On Legal Grounds13 April 20263375971Cotswold Vale View Caravan Park , Offenham Road, Aldington Evesham , WR11 7AB
- Notice varied and upheld15 January 20263360329Hadley Cross House, Haye Lane, Ombersley, Droitwich, WR9 0EJ
- Dismissed15 January 20263359242Hadley Cross House Haye Lane, Ombersley, Droitwich, WR9 0EJ
- Allowed15 January 20263359241Hadley Cross House Haye Lane, Ombersley, Droitwich, WR9 0EJ
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.