®Planning appeal decision
ALBA STABLES , BRIDGE WAY, COBHAM, SURREY, KT11 1HW
- Within the last four (4) years and without planning permission, the formation of hardstanding. - With [sic] the last four (4) years and without planning permission, the erection of walls, gates and piers
- Authority
- Elmbridge Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Saward K
Main issues, as the Inspector framed them
- whether the Council's decision to refuse to grant a LDC for part of the development applied for was well-founded
What decided it
The appellants were unable to discharge the burden of proving, on the balance of probabilities, continuous lawful use or substantial completion of operations throughout the relevant statutory immunity periods, while the Council's technical and witness evidence positively established the alleged breaches.
Framework references: 58
Judgments cited: Fidler v FSS & Reigate Banstead BC 2004 EWCA Civ 1295; Burdle v SSE [1972] 3 All E.R. 240; Gregory & others v SSE & another [1990] 60 P&CR 413; Crawley Borough Council v Hickmet Ltd [1998] 75 P&CR 55; Swale Borough Council v SSE [2005] EWCA Civ 1568; Gravesham BC v SSE & O'Brien [1983] JPL 306; London Borough of Islington v SSHCLG and Maxwell Estates Ltd [2019] EWHC 2691 (Admin)
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.