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

Planning appeal 3287862 at Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN (Swale Borough Council) was decided (quashed on legal grounds) on 9 May 2024 by Inspector Hitchcock R, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: ME13 9RN

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.

What the Inspector cited

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

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

7 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Swale

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

Quashed On Legal Grounds20 April 20263375967
Land North Of Perry Leigh, Grove Road, Selling, Kent, ME13 9RN
Allowed24 March 20263340364
Happy Days, Bell Farm Lane, Minster on Sea, Kent , ME12 4JB
Notice upheld19 March 20263327038
Pigeon Farm Sheppey Way, Bobbing, Sittingbourne, ME9 8PD
Notice varied and upheld25 February 20263327688
Land East of Courtenay House, London Road, Dunkirk, Faversham, Kent, ME13 9LF
Quashed On Legal Grounds20 January 20263319501
Garden & Orchard Mowers, The Tractor Shed Provender Lane, Norton, Faversham, ME13 0SL

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.