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Planning appeal decision

Quashed On Legal Grounds13 September 20243301682

Land at Greenacres, Bassetts Lane, Willingale, Ongar, CM5 0QL

Without planning permission: i) The change of use of the land to create a new planning unit for use as caravan site for use by Gypsy's and Travellers (the "Unauthorised Use); ii) The laying of hardstanding in the approximate location shown hatched black on the attached plan; iii) The formation of a new vehicular access in the approximate location marked A on the attached plan accessed off Bassetts Lane

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity because it is so defective on its face that it does not tell the recipients fairly what they have done wrong and what they must do to remedy it

What decided it

The fundamental and unresolved ambiguity over the identification of the land and the description of the alleged breach of planning control, which meant the notice failed the Miller-Mead fairness test.

Judgments cited: Miller-Mead v Minister of Housing and Local Government [1963] 2 WLR 225

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.