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.
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