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Planning appeal decision

Notice varied and upheld15 May 20233288800

Land South of Rhode Barton Farm , Adjacent to A3052 Charmouth Road, Lyme Regis, Dorset, DT7 3UE

Planning appeal 3288800 at Land South of Rhode Barton Farm , Adjacent to A3052 Charmouth Road, Lyme Regis, Dorset, DT7 3UE (Dorset) was allowed in part (a split decision) on 15 May 2023 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: 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)).

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
Postcode
DT7 3UE

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 decision letter

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More decisions in Dorset

The authority’s record since 2016 · every decision in 2023

  1. Planning permission granted14 July 20263351402
    Coldharbour Farm, Chickerell, Weymouth, DT3 4BG
  2. Quashed On Legal Grounds11 March 20263361923
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  3. Notice upheld2 March 20263338334
    Brightfields Farm, Priors Corner, Horton, Dorset, BH21 7EX
  4. Dismissed11 February 20263358144
    Sherborne Valley House , Hardings House Lane, Sherborne, DT9 4TB
  5. Notice upheld20 August 20253342177
    Land West of Garston Farm, Fleet Road, Fleet, Dorset, DT3 4DJ

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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