®Planning appeal decision
Overview Stables, Sandy Lane, Horspath, OX33 1TF
Without planning permission, the change of use of land from equestrian to residential use involving the construction of a dwellinghouse, associated incidental buildings and facilitating development such as the erection of timber fencing to create a garden area and the laying of a flagstone path in the area of Land hatched blue on the plan
- Authority
- South Oxfordshire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Douglas L
Main issues, as the Inspector framed them
- Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach (ground d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
- Whether twelve months is a reasonable period for compliance with the notice (ground g)
What decided it
The operational development (erection of the dwellinghouse) was exempt from enforcement action under section 171B(1) as it was substantially complete more than four years before the notice was issued and the appellants did not positively deceive the Council, but the material change of use of the land itself remained enforceable within the ten-year period.
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.