The Bend Riding Lane, Hildenborough, TONBRIDGE, TN11 9LR

Authority: Tonbridge and Malling Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Fagan N

Main issues, as the Inspector framed them

Whether, on procedural grounds, the Council behaved unreasonably in the late submission of its Proof of Evidence and whether this caused the appellants unnecessary or wasted expense
Whether, on substantive grounds, the Council's case (as to vagueness of the notice, alleged contradiction over a business use, and its witness's failure to visit the site) was unreasonable and caused unnecessary or wasted expense

What decided it

The Council's unreasonable late submission of its Proof of Evidence, which directly necessitated an additional preparatory meeting for the appellants and their solicitor.

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