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Planning appeal decision

Planning permission granted12 March 20253350934

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

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 applied

The 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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  5. Quashed On Legal Grounds7 October 20253355230
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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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