®Planning appeal decision
Land South of Rhode Barton Farm , Adjacent to A3052 Charmouth Road, Lyme Regis, Dorset, DT7 3UE
The unauthorised change of use of the land from agriculture to a mixed use for agriculture and residential by the stationing of mobile homes thereon for residential use (for the avoidance of doubt the mobile homes are identified in photographs attached to this notice)
- Authority
- Dorset
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Curnow R
Main issues, as the Inspector framed them
- Whether, at the date the Notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged (Ground (d))
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (Ground (f))
- Whether the period for compliance specified in the notice falls short of what should reasonably be allowed (Ground (g))
- Whether the Council's refusal to grant a certificate of lawful use or development was well-founded (Appeal B)
What decided it
A finding that Jodi Canti lived on land she owned at Colyton from around May 2014, breaking the continuity of residential use of the appeal site and restarting the 10-year enforcement time limit, meant the Appellant could not establish the required continuous 10-year use.
The Appellant's and occupants' personal circumstances and Article 8(1) HRA rights were weighed against the expediency of enforcement action, resulting in the compliance period being extended from 6 to 12 months rather than the 24 months sought.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.