®Planning appeal decision
57 North Cray Road, Sidcup, DA14 5EU
Planning appeal 3321171 at 57 North Cray Road, Sidcup, DA14 5EU (London Borough of Bexley) was allowed in part (a split decision) on 31 October 2023 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: The main issue in a ground (d) appeal is whether at the date when the enforcement notice was issued (the relevant date) it was too late to take enforcement action on the basis of the time limit set out in section 171B(3) of the Act.
(1) Land Area 15: Without planning permission, the material change of use of Land Area 15 for open storage together with the parking of vehicles, plant and machinery. (2) Land Area 24: Without planning permission, the material change of use of the Land Area 24, to a mixed use for the deposit and storage of wood, manure, green waste and soil (waste classification code 17.05.04) and of inert materials; the activity of processing these materials on Land Area 24 using associated plant and machinery connected with that use; and for the parking and storage of plant, vehicles and machinery on Land Area 24. i) The mixed use of an access road, shown in the approximate location by a purple line on land area 24, for commercial uses associated with the use outlined in (2) above
- Authority
- London Borough of Bexley
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Dyer S
- Postcode
- DA14 5EU
Main issues, as the Inspector framed them
- The main issue in a ground (d) appeal is whether at the date when the enforcement notice was issued (the relevant date) it was too late to take enforcement action on the basis of the time limit set out in section 171B(3) of the Act.
- For the LDC appeal, Appeal G, the main issue is whether the Council's decision to refuse the application for an LDC on this basis was well-founded.
What decided it
The appellants failed to prove, on the balance of probabilities, that the alleged uses had commenced before the statutory relevant dates and continued for the full ten-year period required for immunity from enforcement action.
What the Inspector cited
- Judgments
- Burdle v Secretary of State for the Environment [1972] WLR 1207
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in London Borough of Bexley
The authority’s record since 2016 · every decision in 2023
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- Notice varied and upheld26 February 202633594741 Garden Avenue, Bexleyheath, DA7 4LH
- Notice varied and upheld9 February 20263369040178 and 178A Park View Road , Welling, Kent, DA16 1ST
- Notice upheld13 January 20263371631250 Sherwood Park Avenue, Sidcup, Kent, DA15 9JN
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.