Land at Rustic Dene, Parkwood, Doddinghurst Road, Doddinghurst, Essex, CM15 0SN

without planning p ermission, the creation of an additional separate primary self-contained residential dwelling house known as Malaika House ie planning unit within the existing residential curtilage of the land known as Rustic Dene, shown edged in red for identification purposes only on the plan attached to the notice

Authority: Brentwood Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Walker A

Main issues, as the Inspector framed them

Whether it was not possible for the Council to take enforcement action on the date the notice was issued (ground (d))

What decided it

The appellant established, on the balance of probabilities, that Malaika House had been continuously used as a separate, self-contained dwelling for more than four years before the enforcement notice was issued, rendering enforcement action time-barred.

Judgments cited: Gravesham BC v SSE & O’Brien [1982] 47 P&CR 142; [1983] JPL 307; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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