®Planning appeal decision
Oak Tree Paddock, Whitemill Lane, Frome, BA11 4EU
stated in the notice as follows: ‘i) Without planning permission and within the last ten years the material change of use of land approved for agricultural and equestrian to a mixed use, consisting of agricultural, equestrian, and residential arising from the planning events detailed below: o Ms Catherine E Bell was refused planning permission (2019/0131/FUL) by notice on 30 August 2019 for the residential occupation of a Yurt. o This
- Authority
- Somerset Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether the enforcement notice correctly specifies the breach of planning control that has taken place
- Whether the notice specifies with reasonable certainty what must be done to remedy the breach
- Whether the notice specifies the period for compliance correctly
What decided it
The enforcement notice was fundamentally defective in its specification of the breach of planning control, the requirements to remedy it, and the compliance period, and these defects could not be corrected without causing injustice to the appellant who would have approached their appeal differently had the notice correctly alleged a breach of condition.
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.