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Planning appeal decision

Planning permission granted27 January 20223266271

Little Beck, Burma Road, Darlington , DL2 1QH

Planning appeal 3266271 at Little Beck, Burma Road, Darlington , DL2 1QH (Darlington Borough Council) was allowed on 27 January 2022 by Inspector Kean G, following a hearing. The main issue, as the Inspector framed it: Ground (b) – that the matters alleged in the notice have not taken place.

Unauthorised stationing on the land of an additional third pitch within an existing gypsy caravan site, comprising two additional touring caravans occupied for residential purposes and associated vehicles, in breach of condition 4 of planning permission 10/00059/FUL

Authority
Darlington Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Kean G
Postcode
DL2 1QH

Main issues, as the Inspector framed them

  • Ground (b) – that the matters alleged in the notice have not taken place
  • Ground (c) – that the matters alleged do not constitute a breach of planning control
  • Ground (d) – that it is too late to take enforcement action

What decided it

The appellant's largely unchallenged evidence establishing continuous residential occupation of a separate third pitch for a period exceeding ten years before the enforcement notice was issued.

The Inspector weighed the Council's interest in retaining the ability to control future breaches of condition 4 against the disadvantage to the wider Smith family of imposing new, more onerous conditions, concluding on balance that it was expedient for condition 4 to continue to subsist rather than be varied or discharged.

What the Inspector cited

Judgments
Ravensdale Limited v SSCLG [2016] EWHC 2374 (Admin)

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.