Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN

Without planning permission the material change of use of the Land from the keeping and grazing of horses to a mixed use of the Land for the keeping and grazing of horses and the stationing of storage containers

Authority: Swale Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: other · Change of use
Inspector: Hitchcock R

Main issues, as the Inspector framed them

Whether any defect, error or misdescription in the enforcement notice could be corrected, or its terms varied, without injustice to the appellant or the local planning authority
Whether the notice correctly identifies the planning unit and specifies the alleged breach of planning control with sufficient clarity

What decided it

The enforcement notice failed to correctly identify the planning unit and the full breach of planning control, and the necessary corrections could not be made without causing injustice to the parties.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841 (Admin)

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