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Planning appeal decision

Quashed On Legal Grounds8 March 20243320663

80 London Road, Southborough, Kent, TN4 0PP

Planning appeal 3320663 at 80 London Road, Southborough, Kent, TN4 0PP (Tunbridge Wells Borough Council) was decided (quashed on legal grounds) on 8 March 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity what the alleged breach of planning control is and what must be done to remedy it.

Without planning permission, the change of use of the rear yard to a part-enclosed storage area for business use shown in its approximate position shaded blue on the attached plan 1

Authority
Tunbridge Wells Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Bale M
Postcode
TN4 0PP

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity what the alleged breach of planning control is and what must be done to remedy it
  • Whether the alleged change of use constitutes a material change of use requiring planning permission

What decided it

The enforcement notice does not allege a material change of use of land and therefore does not specify a breach of planning control with sufficient clarity, rendering it invalid and requiring it to be quashed.

The decision letter

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More decisions in Tunbridge Wells

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld28 October 20253346556
    Land to the Rear of The Knoxbridge Public House, Cranbrook Road, Frittenden, Cranbrook, Kent, TN17 2BT
  2. Notice varied and upheld24 October 20253366815
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  3. Notice upheld24 October 20253356322
    Land at Part Ordinance Survey Plot 0005, (Known As Apple Pie Farm), Cranbrook Road, Benenden, Cranbrook, Kent, TN17 4EU
  4. Notice varied and upheld23 January 20253339249
    Pitch 1, The Ranch, Redwings Road, Pembury, TN2 4AD
  5. Notice varied and upheld15 March 20243294221
    Land at Free Heath Buildings, Free Heath, Wadhurst, Kent, TN5 6RB

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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