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Planning appeal decision

Notice varied and upheld22 February 20233296912

The Arundel Gardener and Maidenhead Aquatics, Crookthorn Lane, Climping, West Sussex, BN17 5SN

Planning appeal 3296912 at The Arundel Gardener and Maidenhead Aquatics, Crookthorn Lane, Climping, West Sussex, BN17 5SN (Arun District Council) was allowed in part (a split decision) on 22 February 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated on the balance of probabilities that there had not been a breach of planning control when the enforcement notice was issued.

1. Without planning permission, the laying of hardcore with aggregate over. 2. Without planning permission, change of use of the land for use in connection with adjacent existing garden centre business

Authority
Arun District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Hocking P
Postcode
BN17 5SN

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated on the balance of probabilities that there had not been a breach of planning control when the enforcement notice was issued

What decided it

The appellant failed to demonstrate on the balance of probabilities that the alleged breaches of planning control (retail use and hardstanding) had not occurred when the enforcement notice was issued.

The decision letter

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More decisions in Arun District Council

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

  1. Quashed On Legal Grounds30 July 20263367747
    Land Lying to the North of Brooks Lane, Bognor Regis, West Sussex, PO22 8AS
  2. Quashed On Legal Grounds25 March 20263374943
    North of Toddington Lane, Wick, Littlehampton, West Sussex, BN17 7PN
  3. Notice upheld9 March 20263337426
    Longbrook Pavilion Bungalow Hook Lane, Bognor Regis, PO22 8AT
  4. Notice varied and upheld9 March 20263335746
    Flat 1, 4 Nelson Road, Bognor Regis, West Sussex, PO21 2RY
  5. Planning permission granted2 March 20263360505
    27 North Ham Road, Littlehampton, BN17 7AS

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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