®Planning appeal decision
Tanner Farm Park, Tanner Farm Goudhurst Road, Marden, TONBRIDGE, TN12 9ND
Without planning permission, the change of use of land to a recreational use (Sui Generis), on the land identified on the plan edged in red attached to the Notice
- Authority
- Maidstone Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Higenbottam H
Main issues, as the Inspector framed them
- Whether the notice was served as required by section 172 of the Act (Appeal B ground (e))
- Whether the way in which the southern field was utilised from 1991 onwards incorporated it within the planning unit of the Caravan Park such that its use was ancillary, or whether it was a separate planning unit and, if so, whether there had been a recreational use of that land for 10 years or more (Appeal A ground (d))
- Whether the permanent stationing of static mobile homes within the red hatched areas has continued in breach of the conditions for a continuous period of at least 10 years (Appeal B ground (d))
- Whether the requirements of the notice are excessive and whether lesser steps would overcome the objections (Appeal B ground (f))
What decided it
Neither the recreational use of the southern field nor the permanent stationing of static mobile homes within the specific areas identified in the notices was shown, on the evidence, to have continued for the requisite 10-year period to establish immunity from enforcement action.
Judgments cited: Burdle and Williams v SSE and New Forest DC [1972] 1 WLR 1207; St Anselm v First Secretary of State [2003] EWHC 1592 (Admin); Royale Parks Ltd v SSHCLG [2021] EWCA Civ 1101; Fox v First Secretary of State [2003] EWHC 887 (Admin)
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.