5 Beach Mews, Broadstairs, Thanet, Kent, CT10 1JQ

Main issues, as the Inspector framed them

• Whether land can be designated as Local Green Space and used residentially at the same time
• Whether the matters alleged to constitute the breach of planning control have occurred as a matter of fact (ground b)
• Whether the steps required to comply with the notice are excessive and lesser steps would overcome the objections (ground f)
• Whether the period for compliance with the notice is too short (ground g)

What decided it

The perimeter fencing is fundamental to the change of use to private residential curtilage and its removal would be excessive; the residential use itself is not required to cease; and the land was sold by the charity as unsuitable for open space purposes before the appellants acquired it.