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Quashed On Legal Grounds11 March 20223286809

Thorn Park Family Golf Centre, Salcombe Regis, Devon , EX10 0JH

Planning appeal 3286809 at Thorn Park Family Golf Centre, Salcombe Regis, Devon , EX10 0JH (East Devon District Council) was decided (quashed on legal grounds) on 11 March 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was served as required by section 172 of the Town and Country Planning Act 1990.

the carrying out of a material change of use of the land to residential use by the stationing of a caravan in the approximate position shaded blue on Plan B attached to the notice

Authority
East Devon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Jarratt P
Postcode
EX10 0JH

Main issues, as the Inspector framed them

  • Whether the enforcement notice was served as required by section 172 of the Town and Country Planning Act 1990

What decided it

The enforcement notice was not served on the occupier of the caravan as required by section 172, and the Inspector could not establish whether the occupier would have been substantially prejudiced by this failure, therefore the notice must be quashed.

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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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