®Planning appeal decision
Brookhill Cottage, Horsham Road, Cowfold, HORSHAM, West Sussex, RH13 8AH
without planning permission, the unauthorised operational development and engineering operations taking place on the Land including the importation of waste material and soil, works to the pond and its surrounding area and the laying of material to create a hard surface to the southwest of the pond
- Authority
- Horsham District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Whether copies of the enforcement notices were properly served as required by section 172 of the Town and Country Planning Act 1990
- Whether the material change of use from agricultural to storage use has occurred as a matter of fact
- Whether the alleged operational development and material change of use constitute breaches of planning control
- Whether the requirements of the enforcement notices are excessive in achieving their purpose
What decided it
The appellants failed to discharge the burden of proof on the balance of probabilities to demonstrate that the matters stated in the enforcement notices do not constitute breaches of planning control, particularly regarding the lack of evidence connecting the operations to fish farming or agriculture.
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.