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Quashed On Legal Grounds16 December 20223281089

The Coach House, Aldon Lane, Offham, West Malling, ME19 5PH

Planning appeal 3281089 at The Coach House, Aldon Lane, Offham, West Malling, ME19 5PH (Tonbridge and Malling Borough Council) was decided (quashed on legal grounds) on 16 December 2022 by Inspector Steen A, by written representations. The main issue, as the Inspector framed it: 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.

Unauthorised installation of PVC material fenestration and works not in accordance with planning permission 14/03366/FL and listed building consent 15/00539/LB

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
Postcode
ME19 5PH

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 decision letter

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More decisions in Tonbridge and Malling

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

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    157 Pizien Well Road, Wateringbury, Maidstone, Kent, ME18 5HX

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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