®Planning appeal decision
Part of Land at Widhurst Farm , Shoreham Lane, Halstead, Kent, TN14 7BY
the change of use of land to mixed use consisting of a builders yard premises for the processing of builders materials, storage and sales, residential use of mobile homes and caravans, parking, storage, repair, sale of motor vehicles, plant and other equipment
- Authority
- Sevenoaks District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Orr H
Main issues, as the Inspector framed them
- Ground (e): whether copies of the notice were not served as required by section 172 and, if so, whether someone has been substantially prejudiced as a result
- Ground (d): whether the appellant has shown, on the balance of probabilities, that the alleged mixed use had subsisted for a continuous period of ten years prior to the date of the first notice so as to be immune from enforcement action
What decided it
The appellant failed to demonstrate, on the balance of probabilities, that the specific mixed use alleged in the notice had continued without material interruption for the full ten-year immunity period.
Judgments cited: Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15
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.