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Planning appeal decision

Notice varied and upheld7 April 20263359596

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

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.