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Planning appeal decision

Quashed On Legal Grounds16 December 20223281089

The Coach House, Aldon Lane, Offham, WEST MALLING, ME19 5PH

Authority
Tonbridge and Malling Borough Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Steen A

Main issues, as the Inspector framed them

  • Whether the listed building enforcement notice complies with section 38(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 in specifying the alleged contravention and the steps required to remedy it

What decided it

The enforcement notice failed to comply with section 38(2) of the Act by being hopelessly ambiguous and uncertain in both its allegation and requirements, and therefore constitutes a nullity.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.