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Planning appeal decision

Notice varied and upheld5 November 20253353204

6 St. Mildreds Walk, Westgate-on-Sea, CT8 8FZ

Planning appeal 3353204 at 6 St. Mildreds Walk, Westgate-on-Sea, CT8 8FZ (Thanet District Council) was allowed in part (a split decision) on 5 November 2025 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether at the time the enforcement notice was issued, it was too late to take enforcement action against the material change of use, having regard to whether the breach had been continuous for ten years or more prior to issue of the notice.

without planning permission, the retrospective change of use from Storage (Use Class B8) to 1No 1-bed dwelling

Authority
Thanet District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Kean G
Postcode
CT8 8FZ

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued, it was too late to take enforcement action against the material change of use, having regard to whether the breach had been continuous for ten years or more prior to issue of the notice

What decided it

The appellant failed to provide sufficient evidence on the balance of probability that the breach of planning control had been continuous for ten years or more prior to the issue of the enforcement notice, as required under section 174(2)(d) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in Thanet

The authority’s record since 2016 · every decision in 2025

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    Little Upton, Vale Road, Broadstairs, Kent, CT10 2JJ
  2. Planning permission granted22 May 20263344673
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  3. Notice varied and upheld22 May 20263344671
    53 Albion Street, Broadstairs, Kent, CT10 1NE
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    43 - 45 High Street, Broadstairs, Kent, CT10 1JR
  5. Notice varied and upheld2 February 20263328989
    5 Beach Mews, Broadstairs, Thanet, Kent, CT10 1JQ

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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