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Quashed On Legal Grounds23 February 20243281250

Moate Farm, Stodmarsh Road, Canterbury, Kent, CT3 4AP

Planning appeal 3281250 at Moate Farm, Stodmarsh Road, Canterbury, Kent, CT3 4AP (Canterbury City Council) was decided (quashed on legal grounds) on 23 February 2024 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice was a nullity.

Without planning permission, the change of use of the land for the stationing of 37no. additional static caravans for residential use

Authority
Canterbury City Council
Appeal type
major · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Pleasant L
Postcode
CT3 4AP

Main issues, as the Inspector framed them

  • Whether the enforcement notice was a nullity
  • Whether the identified errors in the notice could be corrected without causing injustice to any party

What decided it

The proposed correction to the enforcement notice could not be made without causing injustice to the Brown family, who owned part of the land but were not parties to the appeal.

What the Inspector cited

Judgments
Rawlins and Others v Secretary of State for the Environment and Tandridge District Council [1990] 60 P & C R 413; Miller Mead v Minister of Housing and Local Government [1963] 2 WLR 225

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Canterbury City Council

The authority’s record since 2016 · every decision in 2024

  1. Split Decision2 June 20263332446
    Four Buoys , Radfall Ride , Whitstable , CT3 3EW
  2. Invalid9 April 20263343204
    Land North West of Swanton Lane, Sturry, Canterbury, Kent , CT3 4AX
  3. Planning permission granted11 March 20263334788
    118 Clare Road, Whitstable, Kent, CT5 2EH
  4. Notice varied and upheld19 February 20263334865
    Beggars Roost, Woolage Green, Canterbury, CT4 6SF
  5. Dismissed9 February 20263373078
    17 Hollow Street, Chislet, Kent, CT3 4DS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.