®Planning appeal decision
Madley Caravan Park , Stoney Street , Madley , Herefordshire, HR2 9NQ
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
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.
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.