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Planning appeal decision

Notice upheld6 November 20233305730

Land to The North of 2 Rectory Cottages Rectory Road, Hemingstone, Suffolk, IP6 9RD

Planning appeal 3305730 at Land to The North of 2 Rectory Cottages Rectory Road, Hemingstone, Suffolk, IP6 9RD (Mid Suffolk District Council) was dismissed on 6 November 2023 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were properly served (ground e).

without planning permission, the change of use of the land for the stationing of one static caravan, for residential purposes, in the approximate location edged in blue on the attached plan

Authority
Mid Suffolk District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Dyer S
Postcode
IP6 9RD

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were properly served (ground e)
  • Whether the matters alleged in the notice have occurred (ground b)
  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether the breach is immune from enforcement action (ground d)
  • Whether the steps required exceed what is necessary to remedy the breach (ground f)
  • Whether the compliance period is reasonable (ground g)

What decided it

The appellant could not establish that the residential use of the caravan was lawful under the existing Certificate of Lawful Development or permitted development, and failed to prove ten years of continuous residential use immune from enforcement action.

The decision letter

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More decisions in Mid Suffolk District Council

The authority’s record since 2016 · every decision in 2023

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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.

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