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Planning appeal decision

Quashed On Legal Grounds5 January 20263355325

11 Hatton Terrace, Birmingham Road, Hatton, Warwick, CV35 7JS

Planning appeal 3355325 at 11 Hatton Terrace, Birmingham Road, Hatton, Warwick, CV35 7JS (Warwick District Council) was decided (quashed on legal grounds) on 5 January 2026 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was defective in its allegation of breach of planning control.

without planning permission, unauthorised change of use of the garage to an independent dwelling (C3)

Authority
Warwick District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
CV35 7JS

Main issues, as the Inspector framed them

  • Whether the enforcement notice was defective in its allegation of breach of planning control
  • Whether the enforcement notice was properly served in accordance with section 172 of the Town and Country Planning Act 1990
  • Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control
  • Whether the use of the building as a dwellinghouse is lawful by virtue of four years' continuous use

What decided it

The material change of use of the building to a dwellinghouse occurred in September 2013 and continued without significant interruption for more than four years prior to the enforcement notice being issued, thereby becoming immune from enforcement action.

The decision letter

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More decisions in Warwick

The authority’s record since 2016 · every decision in 2026

  1. Quashed On Legal Grounds21 September 20263372335
    Land to South West of Providence Lodge, Bakers Lane, Knowle, Solihull, B93 8PT
  2. Notice varied and upheld24 August 20263371248
    Worms Seven Farm, Plot 2, Bakers Lane, Knowle, Solihull, B93 8PT
  3. Quashed On Legal Grounds9 July 20263366257
    Flat, 5-7 Jury Street, Warwick, Warwickshire, CV34 4EH
  4. Notice upheld30 March 20263212295
    Land at Meadow Cottage, Hill Wootton Road, Hill Wootton, Warwick, CV32 6QN
  5. Notice upheld5 March 20263332237
    Hatton Arms, Birmingham Road, Hatton, Warwick, CV35 7JJ

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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