Land at 10 Kings Hill, Beech, ALTON, GU34 4AL

without planning permission, the material change of use of the land from agriculture to recreational amenity land

Authority: East Hampshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Hawkins S

Main issues, as the Inspector framed them

Whether it was too late to take enforcement action against the breach of planning control (ground d)
Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
Whether the time specified for compliance falls short of what should reasonably be allowed (ground g)

What decided it

The appellants failed to prove on the balance of probability that the unauthorised use had subsisted for ten continuous years, and the gazebo and decking were integral to the unauthorised use and required to be removed to remedy the breach.

Judgments cited: Moore v SSCLG [2012] EWCA Civ 1202; Murfitt v SSE [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Newbury DC v SSE & Mallaburn [1994] JPL 879; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; Kestrel Hydro v SSCLG & Spelthorne BC [2016] EWCA Civ 784

Read the decision letter on the Inspectorate’s site

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.

What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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