®Planning appeal decision
Land lying to the North East of St Aiden's Terrace,, Trimdon Station, Durham, TS29 6BT
Without planning permission, the material change of use of the Land from agricultural land to a mixed use comprising of an equestrian use and a dog exercise area; associated storage of 2 no. large static caravan(s) and attached timber extensions, used in connection with the unauthorised mixed use; and unauthorised excavation work(s) undertaken to create hardstanding area(s) within the subject site to accommodate access / egress arrangements
- Authority
- Durham County Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- Whether the matters alleged to constitute the breach of planning control have occurred as a matter of fact
- Whether the matters alleged to constitute the breach of planning control, if they occurred, constitute a breach of planning control
- Whether at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control
- Whether copies of the enforcement notice were served as required by section 172 of the Act
What decided it
The appellants failed to demonstrate that the alleged mixed use had commenced at least ten years before the notice was issued on 6 May 2022, being unable to show continuity from before 6 May 2012, and therefore could not establish immunity from enforcement action.
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.