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Planning appeal decision

Quashed On Legal Grounds5 March 20263331409

Land on the East Side of Reading Road, Cholsey, Wallingford, Oxfordshire, OX10 9HG

the material change of use of the Land from agricultural land to a mixed use Sui generis use of leisure, outdoor education and outdoor therapeutic uses including facilitating development comprising the erection of wooden cabin with raised platform, wooden camping toilet cubicle, wooden sheds, wood stores and tree platform which are identified on the plan at Appendix 2 ("the Layout Plan")

Authority
South Oxfordshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Kean G

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
  • Whether the matters alleged, if they have occurred, constitute a breach of planning control (ground c)
  • Whether at the date the notice was issued, enforcement action could be taken in respect of any breach of planning control (ground d)

What decided it

The use of the land for leisure and woodland purposes had become immune from enforcement action by August 2013, more than ten years before the enforcement notice was issued in August 2023, as evidenced by consistent use patterns documented from 2007 onwards and the Council's own acknowledgment in 2009 that development requiring permission had occurred.

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.