®Planning appeal decision
20 The Avenue, Brookville, Thetford, Norfolk, IP26 4RF
without planning permission, the material change of use of the Land from use as a dwelling house with associated land to a mixed use of a dwelling house with associated land and a use for the keeping of dogs and the breeding of dogs for a commercial purpose
- Authority
- King's Lynn and West Norfolk Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Saward K
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred (ground b)
- Whether the matters alleged constitute a breach of planning control (ground c)
- Whether at the time the notice was issued it was too late to take enforcement action (ground d)
- Whether the steps required by the notice are excessive (ground f)
- Whether the time given to comply with the requirements is reasonable (ground g)
- Whether a copy of the enforcement notice was properly served (ground e)
What decided it
The scale of dog keeping and breeding activity, including the commercial element, had grown to such a level as to constitute a material change of use not incidental to the primary residential use, and the appellant could not demonstrate the breach had been continuous for 10 years to gain immunity.
The need for effective enforcement to maintain public confidence in the planning system was balanced against the appellant's need for reasonable time to reduce dog numbers, resulting in an extension of the compliance period from 6 to 9 months.
Framework references: 59
Judgments cited: Wallington v SSW [1991] JPL 942
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.