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Planning appeal decision

Notice varied and upheld26 October 20233312912

Land at Lower Shetcombe Farm, Evesham Road, Toddington, Cheltenham, Gloucestershire, GL54 5BN

Planning appeal 3312912 at Land at Lower Shetcombe Farm, Evesham Road, Toddington, Cheltenham, Gloucestershire, GL54 5BN (Tewkesbury Borough Council) was allowed in part (a split decision) on 26 October 2023 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control.

Material change of use of land to mixed use of agriculture, storage of building materials, timber, builders plant and equipment, and scaffolding in connection with general builder business, and residential use involving siting and residential occupation of a mobile home

Authority
Tewkesbury Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Jones D
Postcode
GL54 5BN

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control
  • Whether the requirements of the notice exceed what is necessary to remedy the breach
  • Whether the time given to comply with the notice is too short

What decided it

The mobile home use did not constitute permitted development under Class A Part 5 of the GPDO because building operations were not being actively carried out on site at the time of the residential use, failing to meet the exemption criteria in paragraph 9 of Schedule 1 of the Caravan Sites and Control of Development Act 1960.

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More decisions in Tewkesbury

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

  1. Allowed3 July 20263362936
    Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA
  2. Dismissed7 May 20263348446
    Plot 6, Warren Fruit Farm, Cheltenham, GL54 5BN
  3. Notice upheld7 May 20263341916
    Plot 10, Warren Fruit Farm, Evesham Road, Greet, Gloucestershire, GL54 5BN
  4. Notice varied and upheld7 May 20263341850
    Evesham Road, Greet, Gloucestershire, GL54 5BN
  5. Notice varied and upheld12 February 20263360223
    Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR

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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