Land at Mersley Paddock, Mersley Lane, Newchurch, Sandown, Isle of Wight, PO36 0NR

Planning appeal 3359596 at Land at Mersley Paddock, Mersley Lane, Newchurch, Sandown, Isle of Wight, PO36 0NR (Isle of Wight Council) was allowed in part (a split decision) on 7 April 2026 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether on the date when the Notice was issued, enforcement action could be taken in respect of the alleged breach of planning control, having regard to the four-year time limit and whether prior enforcement action had been taken.

Without planning permission, and within the last 4 years the creation of a vehicular access onto a 'C' classified public highway. Without planning permission, and within the last 4 years the removal of an earth bank in order to create the access which would be significant enough to be considered to be an engineering operation. Without planning permission, and within the last 4 years the laying down of tarmacadam skelpings”

Authority: Isle of Wight Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Bale M
Postcode: PO36 0NR

Main issues, as the Inspector framed them

Whether on the date when the Notice was issued, enforcement action could be taken in respect of the alleged breach of planning control, having regard to the four-year time limit and whether prior enforcement action had been taken

What decided it

The service of a prior enforcement notice on 16 February 2021 meant that the Council could take further enforcement action under Section 171B(4)(b) despite the four-year time limit having expired since the access was constructed.

The decision letter

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More decisions in Isle of Wight

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

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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.