Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds8 March 20243320663

80 London Road, Southborough, Kent, TN4 0PP

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.