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Planning appeal decision

Notice varied and upheld3 June 20243326840

Whitelands Kennels, Westfield Lane, Westfield, Hastings, TN35 4SB

Planning appeal 3326840 at Whitelands Kennels, Westfield Lane, Westfield, Hastings, TN35 4SB (Rother District Council) was allowed in part (a split decision) on 3 June 2024 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control (ground d appeal).

without planning permission the change of use of the Land from a mixed use of agricultural and use as a kennels and cattery business to a mixed use of agricultural, use as a kennels and cattery business and use for residential purposes

Authority
Rother District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Douglas L

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control (ground d appeal)

What decided it

The appellant failed to prove on the balance of probabilities that the unauthorised material change of use of the land took place on or before 12 June 2013, placing it outside the 10-year enforcement period.

The decision letter

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More decisions in Rother District Council

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

  1. Allowed21 August 20263352368
    The Barn, Woodmans Rest, Bluemans Lane, Westfield, TN33 0SE
  2. Quashed On Legal Grounds13 July 20263351398
    Sowdens Gate Wood , Udimore Road , Udimore, East Sussex, TN31 6BG
  3. Notice varied and upheld13 July 20263350405
    Chestnut Wood, Udimore Road, Broad Oak, Rye, East Sussex, TN31 6EU
  4. Notice upheld24 June 20263353014
    Glebelands, Potmans Lane, Catsfield, East Sussex, TN33 9BH
  5. Notice varied and upheld22 June 20263351367
    Land at Bois De Saussac, Udimore Road , Udimore, Rye, Easy Sussex, TN31 6BG

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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