The Ice House, Penshurst Off Road Cycling Club, Grove Road, Penshurst, Kent, TN11 8DU

Main issues, as the Inspector framed them

• Whether operational works involving the importation of and deposit of soil, hardcore, and waste materials to raise the levels of the land, including the formation of track and hardstanding together with associated re-grading and contouring of the land, and the siting of two shipping containers, took place (ground b)
• Whether what happened constituted a breach of planning control (ground c)
• Whether, at the time the Notice was issued, it was too late to take enforcement action against the matters stated in the Notice (ground d)
• Whether the steps required by the Notice are excessive, and whether lesser steps would overcome the objections (ground f)
• Whether the time for compliance with the Notice is too short (ground g)

What decided it

The finding that the two shipping containers constituted unauthorised 'building operations' under the Skerritts test, not covered by any extant permission or the GPDO, meant the enforcement notice was upheld (as varied) solely in respect of their removal.

The harm to the AONB and Metropolitan Green Belt caused by the shipping containers should not continue longer than necessary, but this was balanced against the practical unreasonableness of requiring the Appellant to remove them across a neighbour's land during the wet winter months, resulting in a 6-month compliance period being allowed rather than a shorter one.