Rear of 1&2 North Road , Tow law, Durham, DL13 4BH

without planning permission, the material change of use of Plot A of the Land to residential facilitated by the construction of a timber framed chalet structure, with the incidental operational development consisting of the erection of means of enclosure, including fencing, gateposts and gates, construction of hardstanding, patio and vehicular access/parking area

Authority: Durham County Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Thompson F

Main issues, as the Inspector framed them

Whether the structure constitutes a caravan and whether there has been a material change of use or breach of planning control
Whether the matters alleged in the enforcement notice constitute a breach of planning control
Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose

What decided it

The structure fails to meet the legal definition of a caravan as it does not satisfy the construction and mobility tests, and therefore constitutes an unauthorised building for residential use not permitted by the extant planning permission.

Read the decision letter on the Inspectorate’s site

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