®Planning appeal decision
Bottom House Farm, Overton Common, Malpas, Cheshire, SY14 7DQ
Without planning permission, the change of lane from agricultural to residential, the siting of three caravans for residential occupation in connection to the residential use of the land (“the unauthorised development”)
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- The appeals on ground (d): whether at the date the notice was issued no enforcement action could be taken because the breach had continued for more than ten years
- The appeals on ground (g): whether more time should be allowed to comply with the requirements of the notice
What decided it
The Inspector found that the appellant had deliberately concealed the continuous full-time residential use of Caravan 1, disentitling the appellants from relying on the ten-year immunity period, so the ground (d) appeals failed and the notice was upheld.
Judgments cited: Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15
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.