®Planning appeal decision
Three Acre Barn, Guildford Road, Effingham, LEATHERHEAD, KT24 5QQ
1. Operational development comprising the partial construction of a building through the construction of foundations and concrete slabs; 2. Operational development comprising an engineering and other operations consisting of the importation and laying of materials onto the Land to create a hard surfaced area; 3. Operational development comprising the construction of a sand bund; and 4. The material change of use of the Land from agriculture to the use of the land for agriculture and for storage purposes
- Authority
- Guildford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Dignan P
Main issues, as the Inspector framed them
- Whether the foundations and concrete slabs are remnants of former buildings or new development requiring planning permission
- Whether the hardstanding is a new formation or the sub-base of the former sand school
- Whether the sand bund constitutes an engineering operation
- Whether there has been a material change of use from agriculture to agriculture and storage
- Whether the matters alleged are immune from enforcement action under section 174(2)(d)
What decided it
The appellant failed to discharge the burden of proof on both grounds (b) and (d), with the Inspector finding clear evidence of new operational development and material change of use that had not achieved immunity from enforcement.
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.