®Planning appeal decision
Land on the East Side of Yew Tree Cottage, Wallage Lane, Rowfant, West Sussex, RH10 4NG
Planning appeal 3278426 at Land on the East Side of Yew Tree Cottage, Wallage Lane, Rowfant, West Sussex, RH10 4NG (Mid Sussex District Council) was allowed in part (a split decision) on 18 November 2022 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the alleged breaches of planning control have occurred (ground b).
1. Without planning permission, the erection on the Land of: a) a building in the approximate position shown hatched green on the Plan ("the Building"); b) a shed in the approximate position shown marked A in green on the Plan ("the Shed"); c) decking in the approximate position shown marked B in green on the Plan ("the Decking"); and d) a means of enclosure in the approximate position shown marked C in green on the Plan ("the Enclosure"). 2. Without planning permission, the material change of use of the Land to residential use including use as holiday accommodation. ("the Unauthorised Development")
- Authority
- Mid Sussex District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Douglas L
- Postcode
- RH10 4NG
Main issues, as the Inspector framed them
- Whether the alleged breaches of planning control have occurred (ground b)
- Whether the alleged breaches constitute breaches of planning control (ground c)
- Whether enforcement action could be taken at the date the notice was issued (ground d)
- Whether the requirements of the notice exceed what is necessary to remedy the breaches (ground f)
- Whether the periods for compliance are reasonable (ground g)
What decided it
The appeal site, comprising substantial woodland under separate ownership and physically separated from Yew Tree Cottage by a stream, does not form part of the residential curtilage of the dwellinghouse and therefore the residential use constitutes an unauthorised material change of use requiring enforcement action.
The decision letter
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With an account
What an account adds to this decision
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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.