®Planning appeal decision
Land at Factory Farm, Wouldham Road, Rochester, South East, ME1 3TL
Without planning permission, the material change of use of the land, to a mixed use for the importation, deposit, processing and transfer of waste, stationing of shipping containers for storage, vehicle breaking and repair, and a residential caravan site, including the construction of buildings, fencing, gates and hard surfacing ("the unauthorised use")
- Authority
- Medway Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- minerals-waste · Change of use
- Inspector
- Higenbottam H
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred as a matter of fact
- Whether the fences and gates constitute permitted development
- Whether the mixed use is immune from enforcement action through the passage of time
- Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control
- Whether the time given to comply with the notice is too short
What decided it
The appellant failed to demonstrate on the balance of probabilities that the mixed use commenced before 22 December 2012 and continued without material interruption for ten years, and therefore could not establish immunity from enforcement action through the passage of time.
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.