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Notice varied and upheld9 October 20233318061

Holly Tree Cottage Sparrow Hill Way, Weare, Axbridge, BS26 2LA

Planning appeal 3318061 at Holly Tree Cottage Sparrow Hill Way, Weare, Axbridge, BS26 2LA (Sedgemoor District Council *) was allowed in part (a split decision) on 9 October 2023 by Inspector Davies H, by written representations. The main issue, as the Inspector framed it: Whether the matters stated in the enforcement notice constitute a breach of planning control (hidden ground c).

without planning permission, the use of land for non-agricultural purposes including the siting of shipping containers, storage of vehicles, domestic paraphernalia, waste, building materials, rubble and plant, and the use of land for non-residential purposes for the dismantling and storage of vehicles and associated materials and equipment in the approximate area edged red on the attached plan

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Davies H
Postcode
BS26 2LA

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice constitute a breach of planning control (hidden ground c)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the period for compliance is reasonable (ground g)

What decided it

The Inspector determined that the storage containers and vehicles in both areas constituted unauthorised material changes of use that were not associated with lawful residential or agricultural uses, and that while the enforcement notice's requirements were appropriate, the compliance period for area B should be extended to 9 months to account for seasonal ground conditions.

The decision letter

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More decisions in Sedgemoor District Council

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

  1. Notice varied and upheld8 August 20243317378
    Kingston Farm Lane, Othery, Bridgewater, Somerset, TA7 0QS
  2. Notice varied and upheld8 August 20243317375
    Kingston Farm Lane, Othery, Bridgewater, Somerset, TA7 0QS
  3. Dismissed28 February 20243300124
    The Bungalow The Causeway, Mark, Highbridge, TA9 4QJ
  4. Dismissed20 February 20243325523
    Land South of Parchey View, Ward Lane, Chedzoy, Bridgwater, TA7 8RW
  5. Notice varied and upheld9 October 20233318060
    Holly Tree Cottage, Sparrow Hill Way, Weare, Axbridge, BS26 2LA

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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