Land Lying to the North East of St Aiden's Terrace,, Trimdon Station, Durham, TS29 6BT

Planning appeal 3300429 at Land Lying to the North East of St Aiden's Terrace,, Trimdon Station, Durham, TS29 6BT (Durham County Council) was allowed in part (a split decision) on 27 September 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged to constitute the breach of planning control have occurred as a matter of fact.

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
Postcode: TS29 6BT

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 decision letter

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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.