Brookhill Cottage, Horsham Road, Cowfold, Horsham, West Sussex, RH13 8AH

Planning appeal 3272729 at Brookhill Cottage, Horsham Road, Cowfold, Horsham, West Sussex, RH13 8AH (Horsham District Council) was dismissed on 3 October 2022 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notices were properly served as required by section 172 of the Town and Country Planning Act 1990.

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
Postcode: RH13 8AH

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 decision letter

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More decisions in Horsham District Council

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.