®Planning appeal decision
Madley Caravan Park, Stoney Street, Madley, Hereford, HR2 9NQ
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
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.
Plan policies cited: Policy RA3, Policy H4
Judgments cited: 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
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.