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Invalid1 October 20213275000

Homelands, Land Adjacent The Bungalow, Southminster Road, Asheldham, Southminster, CM0 7DZ

Planning appeal 3275000 at Homelands, Land Adjacent The Bungalow, Southminster Road, Asheldham, Southminster, CM0 7DZ (Maldon District Council) was decided (invalid) on 1 October 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with section 173 of the Town and Country Planning Act 1990 and is sufficiently clear and unambiguous to enable the recipient to know what breach has occurred and what steps are required to remedy it.

unauthorised operational development and material change of use of land

Authority
Maldon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with section 173 of the Town and Country Planning Act 1990 and is sufficiently clear and unambiguous to enable the recipient to know what breach has occurred and what steps are required to remedy it

What decided it

The enforcement notice fails to comply with section 173(2) of the Town and Country Planning Act 1990 because it does not enable any person served with it to know with reasonable certainty what matters constitute the breach of planning control and what steps are required to remedy it, rendering it a nullity.

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

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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.

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