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Dismissed25 October 20243324688

Tanner Farm Caravan Park, Goudhurst Road, Marden, Kent, TN12 9ND

Planning appeal 3324688 at Tanner Farm Caravan Park, Goudhurst Road, Marden, Kent, TN12 9ND (Maidstone Borough Council) was dismissed on 25 October 2024 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether a certificate of lawful use or development can be issued where the time for taking enforcement action has not expired due to the 'second bite' provisions in section 171B(4) of the Town and Country Planning Act 1990.

Certificate of lawful use or development for breach of condition 5 of planning permission 87/1718 and breach of conditions 6 & 7 of planning permission 93/1450 relating to permanent stationing of caravans and mobile homes

Authority
Maidstone Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Hand S
Postcode
TN12 9ND

Main issues, as the Inspector framed them

  • Whether a certificate of lawful use or development can be issued where the time for taking enforcement action has not expired due to the 'second bite' provisions in section 171B(4) of the Town and Country Planning Act 1990

What decided it

The 'second bite' provisions in section 171B(4)(b) of the Town and Country Planning Act 1990 mean the time for taking enforcement action has not expired, as a second enforcement notice can still be issued until February 2026, therefore a certificate of lawful use or development cannot be issued under section 191.

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More decisions in Maidstone Borough Council

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

  1. Quashed On Legal Grounds28 September 20263378504
    Pear View, Symonds Lane, Yalding, Kent, ME18 6HA
  2. Notice upheld17 July 20263377356
    Stephens Bridge Field, Water Lane, Headcorn, Ashford, Kent, TN27 9JP
  3. Planning permission granted22 June 20263377362
    Lenwood, Polhill Lane, Harrietsham, Maidstone, Kent, ME17 1LG
  4. Planning permission granted10 June 20263347386
    Land at The Meadows, Lenham Road, Headcorn, TN27 9LG
  5. Notice varied and upheld24 April 20263364740
    5 Bower Place, Maidstone, Kent, ME16 8BG

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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