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Allowed12 March 20253356469

Madley Caravan Park , Stoney Street , Madley , Herefordshire, HR2 9NQ

Planning appeal 3356469 at Madley Caravan Park , Stoney Street , Madley , Herefordshire, 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

Authority
Herefordshire Council
Appeal type
minor · Planning Appeal
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
  • Whether the enforcement notices were properly served in accordance with section 172 and section 329 of the 1990 Act (the appeals on ground (e))
  • What conditions, if any, should be imposed on the new planning permission granted under section 73 of the 1990 Act

What decided it

For Appeals A and B, defective service of the enforcement notices (failure to serve the occupier/other interested parties, and unmarked envelopes) caused substantial prejudice and could not be disregarded, so the notices were quashed; for Appeal C, the imposition of a condition restricting occupation to gypsies and travellers was necessary to keep the use within the terms and policy basis of the original permission.

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.