®Planning appeal decision
Castle Mill Stream, Eastern Bank, Opp Combe Road, Oxford, Oxfordshire, OX2 6BZ
Planning appeal 3272418 at Castle Mill Stream, Eastern Bank, Opp Combe Road, Oxford, Oxfordshire, OX2 6BZ (Oxford City Council) was allowed on 22 September 2021 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether the use of the site for a mixed use for railway and waterway amenity purposes and the permanent residential mooring of two boats with the associated placement of up to two mooring pins and one gangplank per boat is lawful as described under s191(2)(b): whether the use would contravene any of the requirements of the 2020 enforcement notice and, if so, whether the 2020 enforcement notice was in force at the time of the LDC application.
The existing use of land for a mixed use for railway and waterway amenity purposes and the permanent residential mooring of two boats with the associated placement of up to two mooring pins and one gangplank per boat
- Authority
- Oxford City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Russell J
- Postcode
- OX2 6EQ
Main issues, as the Inspector framed them
- Whether the use of the site for a mixed use for railway and waterway amenity purposes and the permanent residential mooring of two boats with the associated placement of up to two mooring pins and one gangplank per boat is lawful as described under s191(2)(b): whether the use would contravene any of the requirements of the 2020 enforcement notice and, if so, whether the 2020 enforcement notice was in force at the time of the LDC application
- If s191(2)(b) is met, whether the use is lawful as described under s191(2)(a): whether the time for taking enforcement action has expired under s171B(3), and whether the time for taking enforcement action has expired because of the effect of s171B(4)
What decided it
The time for taking enforcement action under s171B(3) had expired by 15 September 2020 in respect of the permanent residential mooring of two boats, as the use had been carried out without substantial interruption for at least ten years prior to that date.
What the Inspector cited
- Judgments
- Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Gabbitas v SSE & Newham LBC [1985] JPL 630; Nicholson v SSE & Maldon DC [1998] JPL 553; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Staffordshire CC v Challinor & Robinson [2007] EWCA Civ 864
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 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.