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Planning appeal decision

Quashed On Legal Grounds22 May 20263326561

Land between Morrisons and The Merrie Gardens Public House, Newport Road, Lake, Sandown, Isle of Wight, PO36 9PT

Without planning permission and in the last 10 years a material change of use of the land outlined red on the attached Plan A from vehicle sales/vehicle hire, to vehicle sales/vehicle hire, hand car wash, tyre repairs/replacement, storage by the siting and use of containers as self-hire storage, importation and storage of sand, gravel, hardcore, other building materials, tyres and the storage of domestic waste. A recycling centre by the importation of tyres and tyre baling equipment, a takeaway by the siting and use of a mobile catering unit and the use of the land as a hand car wash; and, Without planning permission and in the last 4 years the erection of a building shown in the approximate position shaded pink on the attached Plan B

Authority
Isle of Wight Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
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 and steps required for compliance are

What decided it

The enforcement notice is invalid due to internal inconsistencies and lack of sufficient clarity regarding whether a single mixed use or multiple separate uses were alleged, and the notice cannot be corrected without causing injustice to the appellants.

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.