®Planning appeal decision
Land Between Morrisons and The Merrie Gardens Public House, Newport Road, Lake, Sandown, Isle of Wight, PO36 9PT
Planning appeal 3326561 at Land Between Morrisons and The Merrie Gardens Public House, Newport Road, Lake, Sandown, Isle of Wight, PO36 9PT (Isle of Wight Council) was decided (quashed on legal grounds) on 22 May 2026 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity what the alleged breach of planning control and steps required for compliance are.
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
- Postcode
- PO36 9PT
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 decision letter
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With an account
What an account adds to this decision
More decisions in Isle of Wight
The authority’s record since 2016 · every decision in 2026
- Quashed On Legal Grounds22 May 20263354054Havenbridge Farm Rowlands Lane, Havenstreet, Ryde, PO33 4EA
- Planning permission granted12 May 20263329338Ye Olde Village Inn, 61 High Street, Bembridge, PO35 5SF
- Notice varied and upheld30 April 20263314104Bridge Cottage, St Catherines Road, Niton, Ventnor, Isle of Wight, PO38 2NE
- Notice varied and upheld7 April 20263359596Land at Mersley Paddock, Mersley Lane, Newchurch, Sandown, Isle of Wight, PO36 0NR
- Dismissed13 October 20253342430Gate House, Gate Lane, Freshwater, Isle of Wight, PO40 9QT
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.