Slate Mill, Tewkesbury Road, Elmstone Hardwick, Cheltenham, Gloucestershire, GL51 9TA

Without planning permission, the material change of use of the land showed edged red on the attached plan from agricultural use to use for residential purposes and the consequent erection of a new residential dwelling thereon as shown edged blue on the said attached plan

Authority: Tewkesbury Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Curnow R

Main issues, as the Inspector framed them

Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged (Ground d)
Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (Ground f)

What decided it

The operational development was integral to the material change of use and the material change of use had not occurred for the ten years required by s.171B(3), therefore the enforcement notice was issued in a timely manner.

Judgments cited: Hibbitt v SSCLG [2016] EWHC 2853; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (Admin); Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784

Read the decision letter on the Inspectorate’s site

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What an account adds

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