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Planning appeal decision

Notice upheld12 March 20263359453

Tyburn Cottage Tithe Barn Lane, Hockley Heath, Solihull, B94 5DJ

Planning appeal 3359453 at Tyburn Cottage Tithe Barn Lane, Hockley Heath, Solihull, B94 5DJ (Stratford-on-Avon District Council) was dismissed on 12 March 2026 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity or invalid.

Change of use of land from paddock (agricultural use) to mixed use comprising stationing of single static caravan/mobile home for security purposes, storage of single static caravan/mobile home, grazing of horses, and exercising and walking of dogs in connection with Julianna's Kennels, Cattery and Grooming Parlour business, together with installation of metal gates, erection of timber fence, and importation and laying of aggregate material and paving slabs to create hardstanding

Authority
Stratford-on-Avon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Freer P
Postcode
B94 5DJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity or invalid
  • Whether the matters alleged in the notice have occurred (ground b)
  • Whether at the date the notice was issued enforcement action could be taken (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)

What decided it

The stationing and storage of caravans commenced in September 2023, less than ten years before the enforcement notice was issued on 21 January 2025, so the breach had not become immune from enforcement action.

What the Inspector cited

Development plan policies
Stratford-on-Avon District Core Strategy (2011-2031)Tanworth in Arden Neighbourhood Development Plan
Judgments
Miller Mead v MHLG [1963] 2QB 196; Oates v SoCLG and Canterbury [2017] EWHC 2716

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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More decisions in Stratford-on-Avon

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

  1. Dismissed29 June 20266005565
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  2. Notice varied and upheld19 May 20263358965
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  3. Dismissed2 January 20263366311
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  4. Quashed On Legal Grounds2 December 20253329159
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  5. Notice upheld3 November 20253328790
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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.