HANDLEY CROSS LEVEN BANK LEVEN BANK ROAD, Leven Bank Road, Yarm, Durham, TS15 9JL

without planning permission the material change of use of the Land from use as a paddock to residential use

Authority: Stockton-on-Tees Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Baxter C

Main issues, as the Inspector framed them

Whether at the time the enforcement notice was issued it was too late to take enforcement action against the hardstanding access road (ground d)
Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground f)
Whether the period for compliance with the notice is reasonable (ground g)

What decided it

The appellants could not prove the hardstanding access road had been in residential use for more than 10 years, and three months was an unreasonable compliance period given their housing search circumstances, warranting variation to nine months.

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