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Planning appeal decision

Dismissed25 October 20243324688

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

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

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.

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.