South of Racton View, Marlpit Lane, Westbourne, PO10 8EQ

Without planning permission, the erection of a two storey dwellinghouse

Authority: Chichester District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Hocking P

Main issues, as the Inspector framed them

The ground (b) appeals – whether the breaches of planning control alleged in the notices have occurred as a matter of fact (Appeals B, C, D, E and F)
The ground (d) appeals – whether at the date the notices were issued it was too late to take enforcement action against the matters stated in them (Appeals A, C and E)

What decided it

The appellant failed to produce sufficiently precise and unambiguous evidence, on the balance of probabilities, either that the alleged breaches had not occurred or that the dwellings were substantially complete more than four years before the notices were issued.

Judgments cited: Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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