®Planning appeal decision
Land at Goodacre Farm Lawn Lane, Coven, Wolverhampton, WV9 5BA
without planning permission, the making of a material change of use of Land, to Land used for storage purposes including the parking and storage of commercial vehicles, commercial trailers including commercial box trailers, curtain side trailers and porta cabins together with waste materials on the Land outlined in red for identification purposes on the plan attached to this Notice
- Authority
- South Staffordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the enforcement notice is a nullity or invalid
- Whether copies of the enforcement notice were properly served
- Whether the matters alleged constitute a breach of planning control
- Whether the breach is immune from enforcement action due to passage of time
- Whether the requirements of the notice exceed what is necessary to remedy the breach
- Whether the period for compliance is reasonable
What decided it
The appellant failed to demonstrate on the balance of probability that the commercial storage use had been carried out continuously for 10 years prior to the enforcement notice being issued, with photographic evidence and local resident testimony indicating the land was primarily agricultural before 2019.
Judgments cited: Oates v SoCLG and Canterbury [2017] EWHC 27166; Oates v SSCLG [2018] EWCA civ 2229; Miller Mead v MHLG [1963] 1 A11 ER 459; Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777
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.