Land at Greendale Farm Shop, NHS Drive Through Vaccination Centre, Sidmouth Road, Farringdon, Devon, EX5 2JU

unauthorised operational development consisting of the erection of a building (shown edged in blue on the attached location plan1) for use as an NHS vaccination centre and an associated car parking area (shown edged in red on the attached location plan)

Authority: East Devon District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: community-institutional · Other Major Developments
Inspector: Moss J

Main issues, as the Inspector framed them

Whether or not the steps required by the notice to be taken, varied as intended, exceed what is necessary to remedy the breach (ground (f))

What decided it

The Inspector concluded that removing the unauthorised building and hardstanding was necessary to remedy the alleged breach of operational development, with no viable lesser or alternative steps available.

Judgments cited: Oates v SSCLG v Canterbury CC [2018] EWCA Civ 2229; Tapecrown Ltd v FSS & Vale of White Horse DC [2006] EWCA Civ 1744

Read the decision letter on the Inspectorate’s site

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