55 Sportsman Lane, Hatfield, CM3 2NP

Planning appeal 3328254 at 55 Sportsman Lane, Hatfield, CM3 2NP (Braintree District Council) was decided (quashed on legal grounds) on 27 March 2024 by Inspector Franks Z, following an inquiry. The main issue, as the Inspector framed it: The issue in ground (d) of Appeal A is whether that at the date when the notice was issued, no enforcement action could be taken in respect of the alleged breach of planning control.

without planning permission the material change of use of the land by the unauthorised residential occupation of a mobile home

Authority: Braintree District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: caravan-gypsy · Change of use
Inspector: Franks Z
Postcode: CM3 2NP

Main issues, as the Inspector framed them

The issue in ground (d) of Appeal A is whether that at the date when the notice was issued, no enforcement action could be taken in respect of the alleged breach of planning control.
The main issue in Appeal B is whether the Council's decision to refuse to grant the LDC was well-founded.

What decided it

The Inspector's finding, applying the legal test for abandonment, that the previous owners had not intended to abandon the residential use of the site despite periods of low or no occupation and its deteriorating physical condition.

What the Inspector cited

Judgments: Panton & Farmer v SSETR & Vale Horse DC [1999]JPL 461; Trustees of Mynach Estate v Taff-Ely BC [1985] JPL 40; Hughes v SSETR [2000]80 P&CR 397; Hartley v MHLG [1970]1QB 413

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Braintree District Council

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

Notice varied and upheld13 July 20263352972
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Dismissed17 April 20263367468
Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
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Dismissed21 June 20243331926
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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.