Planning appeal decision
Madley Caravan Park, Stoney Street, Madley, Hereford, HR2 9NQ
Planning appeal 3350934 at Madley Caravan Park, Stoney Street, Madley, Hereford, HR2 9NQ (Herefordshire Council) was allowed on 12 March 2025 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: Whether either enforcement notice is a nullity.
without planning permission unauthorised material change of use of land to a caravan site
- Authority
- Herefordshire Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Freer P
- Postcode
- HR2 9NQ
Main issues, as the Inspector framed them
- Whether either enforcement notice is a nullity
- The appeals on ground (e): whether the enforcement notices were properly served in accordance with section 172 of the 1990 Act
- What conditions, if any, should be imposed on the new planning permission granted under section 73 of the 1990 Act
What decided it
The enforcement notices were quashed because the Council's failure to properly serve them caused substantial prejudice that could not be disregarded under section 176(5), while the section 73 permission was granted because the disputed 1994 condition was found to be obsolete and no longer necessary.
What the Inspector cited
- Development plan policies
- Policy RA3Policy H4
- Judgments
- Oates v SoCLG and Canterbury [2017] EWHC 2716; I'm Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; Norfolk Caravan Park Ltd v SSHCLG & Broadland DC [2021] EWHC 2114 (Admin); Wall & Ors v Winchester CC [2015] EWCA Civ 563; Richmond upon Thames LBC v SSETR & Richmond upon Thames Churches Housing Trust [2001] JPL 84; R(oao) Royal Borough of Kensington and Chelsea v SSCLG and David Reis and Gianna Tong [2016] EWHC 1785
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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More decisions in Herefordshire Council
The authority’s record since 2016 · every decision in 2025
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- Allowed4 March 20266002040Land South of Symonds Yat View, Great Doward Avenue, Whitchurch, Ross on Wye, Herefordshire, HR9 6FP
- Dismissed18 December 20256000612Weggs Stud, Herefordshire, HR3 6NY
- Quashed On Legal Grounds7 October 20253355230Brockington Golf Course, Bodenham, Hereford, HR1 3HX
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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