®Planning appeal decision
39 The Avenue, Stoke-Sub-Hamdon, Somerset, TA14 6QB
Planning appeal 3309153 at 39 The Avenue, Stoke-Sub-Hamdon, Somerset, TA14 6QB (South Somerset District Council *) was allowed in part (a split decision) on 13 December 2023 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: whether the matters alleged had occurred prior to the enforcement notice being issued.
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
- Postcode
- TA14 6QB
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 decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2023
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- Quashed On Legal Grounds22 January 20243315003Land Adjacent to Lyneham Bungalow, Back Lane, Coker Court, East Coker, Yeovil, BA22 9JW
- Notice varied and upheld27 November 20233309700Land South of The Old Farmhouse, Down Lane, Purtington, Chard, Somerset, TA20 4DH
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.