®Planning appeal decision
Land at Former Hob Lane Farm,, , (previously 475 Blackburn Road, Edgworth, Turton), BOLTON, BL7 0PU
the material change of use of the land to that of a residential use, by virtue of the siting of a caravan used for residential purposes
- Authority
- Blackburn with Darwen Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Jones D
Main issues, as the Inspector framed them
- Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c))
- Whether it was too late to take enforcement action at the time the notice was issued (ground (d))
- Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f))
What decided it
The appellant could not demonstrate that the residential use of the caravan, following the formation of a new single planning unit in 2006, had continued without significant interruption for a continuous 10-year period, meaning the use was not immune from enforcement.
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Panton & Farmer v SSETR & Vale Horse DC [1999] JPL 461; Trustees of Castell-y-Mynach Estate v Taff Ely BC [1985] JPL 40; M & M (Land) Ltd v SSCLG [2007] All ER(D) 55; Mansi v Elstree RDC [1964] 16 P&CR 154; Cord v SSE & Torbay BC [1981[ JPL 40
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.