Land at 107 Middleton Road, BANBURY, OX16 3QS

Without planning permission, the creation of 7 No. Self-Contained units of residential accommodation (6 No. Studio Flats and 1 No. one bedroom flat)

Authority: Cherwell District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990
Whether at the time the notice was issued, it was too late to take enforcement action in respect of the alleged breach of planning control under the four year rule

What decided it

The 7 flats were not occupied and did not provide viable facilities for living by 29 March 2018, so the four-year enforcement period had not expired when the notice was issued on 29 March 2022.

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