®Planning appeal decision
Woodlands Retreat Hambrook Hill South, Hambrook, CHICHESTER, PO18 8UJ
Without planning permission, the material change of use of the Land to use for the stationing of mobile homes for the purposes of human habitation
- Authority
- Chichester District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Ground (d): whether, at the date the notice was issued, no enforcement action could be taken because the alleged residential use (as corrected) had continued substantially uninterrupted for a period of ten years beginning with the date of the breach
- Ground (g): whether the period specified in the notice for compliance falls short of what should reasonably be allowed
What decided it
The appellant did not discharge the burden of proving, on the balance of probability, that the residential use of the mobile homes had continued substantially uninterrupted for ten years, given inconsistent witness evidence, a lack of corroborating documents, and aerial photography that contradicted his account.
Judgments cited: Thurrock, Basingstoke & Deane BC v. SoSC&LG [2009] JPL 1585-1597; [2009] EWHC 1012 (Admin)
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.