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Planning appeal decision

Notice varied and upheld13 December 20233309153

39 The Avenue, STOKE-SUB-HAMDON, Somerset, TA14 6QB

without planning permission: the stationing of a mobile home within the residential curtilage of a dwelling for the purpose of use as an independent unit of residential dwelling, shown (in the approximate position) coloured blue on the plan; and the erection of a raised wooden decking area (measuring above 30cm from natural ground level) situated to the front of the mobile home, shown (in the approximate position) coloured green on the plan

Authority
South Somerset District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Blackwell J

Main issues, as the Inspector framed them

  • whether the matters alleged had occurred prior to the enforcement notice being issued
  • whether use of the mobile home is/was incidental to the enjoyment of the main dwelling
  • whether the decking constitutes development, and if so, whether it would benefit from any permitted development rights
  • whether the matters alleged, or any part of those matters, were immune from enforcement at the time the enforcement notice was issued

What decided it

The mobile home had been continuously let out on Airbnb as an independent unit of residential accommodation from at least July 2020, demonstrating it was not incidental to the main dwelling and constituted a material change of use requiring planning permission, and neither the mobile home use nor the decking had subsisted long enough to benefit from immunity from enforcement.

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.

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