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Quashed On Legal Grounds15 September 20223280172

Lot 5 B, Comley Hill, Woodberry Lane, Rowlands Castle, Hants, PO9 6EP

Planning appeal 3280172 at Lot 5 B, Comley Hill, Woodberry Lane, Rowlands Castle, Hants, PO9 6EP (East Hampshire District Council) was decided (quashed on legal grounds) on 15 September 2022 by Inspector Orr H, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and sufficiently clear in specifying the alleged breach of planning control, the steps required for compliance, and the land to which it relates.

the material change of use of land to equestrian, including within the last 4 years, the laying of hard surface and erection of stable block, and erection of fencing (Article 4 Direction)

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

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and sufficiently clear in specifying the alleged breach of planning control, the steps required for compliance, and the land to which it relates

What decided it

The enforcement notice failed to tell the recipient fairly what they had done wrong and what must be done to remedy it, lacking sufficient clarity on the site boundaries, the nature of the alleged breach, and the steps required for compliance.

The decision letter

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More decisions in East Hampshire District Council

The authority’s record since 2016 · every decision in 2022

  1. Invalid29 July 20263348750
    8 Downhouse Road, Waterlooville, PO8 0TX
  2. Dismissed17 June 20266005417
    Land to the South of Kingsley Tennis Centre, Forge Road, Bordon, GU35 9NG
  3. Notice varied and upheld22 January 20263341619
    16B The Green, Rowland's Castle, PO9 6BN
  4. Quashed On Legal Grounds30 December 20253346355
    High Acres Willis Lane, Four Marks, Alton, GU34 5AP
  5. Notice varied and upheld11 December 20253368242
    Lot 10b Comley Hill, Rowlands Castle, Hampshire, PO9 5ND

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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