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Quashed On Legal Grounds11 August 20213273485

Newnham Turn Farm, Main Road , Dodford, Daventry, NN7 4SR

Planning appeal 3273485 at Newnham Turn Farm, Main Road , Dodford, Daventry, NN7 4SR (Daventry District Council *) was decided (quashed on legal grounds) on 11 August 2021 by Inspector Perrins R, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the enforcement notice is valid and properly specifies the alleged breach of planning control and the steps required for compliance.

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
Postcode
NN7 4SR

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.

What the Inspector cited

Judgments
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

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 applied

The decision letter

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More decisions in Daventry District Council

The authority’s record since 2016 · every decision in 2021

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  4. Dismissed29 July 20223289258
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  5. Dismissed2 March 20223271979
    Goat Cottage, Badby, Daventry, NN11 3AF

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.