Part of the Barn/Shed Building at The Paddock, Magpie Hall Road, Stubbs Cross, Ashford, Kent, TN26 1HF

Planning appeal 3308959 at Part of the Barn/Shed Building at The Paddock, Magpie Hall Road, Stubbs Cross, Ashford, Kent, TN26 1HF (Ashford Borough Council) was decided (quashed on legal grounds) on 10 November 2025 by Inspector Steen A, following an inquiry. The main issue, as the Inspector framed it: whether the barn was occupied as a single dwellinghouse, separate from the bungalow, at or before the time the notice was issued.

Enforcement notice alleging breach of condition (1) of 2011 permission and unauthorised material change of use of part of barn/shed to a single dwellinghouse

Authority: Ashford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Steen A
Postcode: TN26 1HF

Main issues, as the Inspector framed them

whether the barn was occupied as a single dwellinghouse, separate from the bungalow, at or before the time the notice was issued

What decided it

The appellant's evidence, given on affirmation and supported by witnesses and photographs, established on the balance of probability that the barn had been continuously occupied as a separate dwellinghouse since 2014, more than four years before the enforcement notice was issued, so the breach was immune from enforcement action.

What the Inspector cited

Judgments: Valentina of London v SSE & Islington LBC [1992] JPL 1151

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 Ashford Borough Council

The authority’s record since 2016 · every decision in 2025

Allowed26 March 20263361039
Land North of The Meads, Huntstreet, Crundale, Canterbury, Kent, CT4 7EL
Notice upheld6 March 20263335089
Mai Barn, Romden Road, Smarden, Ashford, TN27 8QZ
Notice upheld4 June 20253352530
Elvey Cottage, Westwell, Ashford, TN25 4JP
Notice varied and upheld21 May 20253358367
Little Paddock Farm, Canterbury Road, Challock, Ashford, TN25 4DW
Dismissed8 May 20253349328
Land Adj to Oakdene , Tenterden Road, Biddenden, Kent, TN27 8BL

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.