®Planning appeal decision
Newnham Turn Farm, Main Road , Dodford, Daventry, NN7 4SR
without planning permission, the residential use of a mobile home caravan outlined in red on the attached plan
- Authority
- Daventry District Council *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Change of use
- Inspector
- Perrins R
Main issues, as the Inspector framed them
- Appeal A: Whether the enforcement notice is valid and properly specifies the alleged breach of planning control and the steps required for compliance
- Appeal B: Whether the appellant has demonstrated on the balance of probabilities that the residential use of the mobile home/caravan occurred continuously for 10 years or more prior to the application date
What decided it
Appeal A: the enforcement notice failed to specify with sufficient clarity the alleged breach of planning control and the steps required for compliance, rendering it invalid. Appeal B: the appellant's evidence did not establish continuous residential use on the balance of probabilities, being undermined by ambiguities and Council records indicating only occasional occupation.
Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630; R (Save Woolley Valley Action Group Ltd) v Bath and North East Somerset Council [2012] EWHC 2161 (Admin); Measor v SSETR [1999] JPL 182; Thurrock BC v SSETR and Holding CA [2002] JPL 1278
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.