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Planning appeal decision

Dismissed19 November 20243302059

Winfield Mobile Home Park, Hartspring Lane, Watford, WD25 8AG

Planning appeal 3302059 at Winfield Mobile Home Park, Hartspring Lane, Watford, WD25 8AG (Hertsmere Borough Council) was dismissed on 19 November 2024 by Inspector Phillips A, following an inquiry. The main issue, as the Inspector framed it: Whether the appellant has demonstrated on the balance of probabilities that the stables granted planning permission under application ref APP/N1920/A/06/2007841 dated 30 May 2006 has operated without compliance with condition 2 for a period in excess of ten years.

Existing use of stables granted permission APP/N1920/A/06/2007841 (TP/05/1007) has operated in breach of condition for a period in excess of ten years

Authority
Hertsmere Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
other · Major general industry/storage/warehousing
Inspector
Phillips A
Postcode
WD25 8AG

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated on the balance of probabilities that the stables granted planning permission under application ref APP/N1920/A/06/2007841 dated 30 May 2006 has operated without compliance with condition 2 for a period in excess of ten years

What decided it

The appellant's evidence as to the timing and continuity of the alleged breach of condition was not sufficiently precise and unambiguous to satisfy the balance of probabilities test.

What the Inspector cited

Judgments
F W Gabbitas v SSE and Newham LBC [1985] JPL 630

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Hertsmere

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld22 July 20263372752
    15 Oddesey Road, Borehamwood, WD6 5HZ
  2. Planning permission granted21 July 20263375026
    10 Ark Avenue, Borehamwood, WD6 1GH
  3. Planning permission granted21 July 20263365768
    6 Ark Avenue, Borehamwood, WD6 1GH
  4. Notice varied and upheld21 July 20263365178
    12 Ark Avenue, Borehamwood, WD6 1GH
  5. Planning permission granted21 July 20263365107
    2 Ark Avenue, Borehamwood, WD6 1GH

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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