Land West of Parsons Field Stables, Pickhurst Lane, Pulborough, West Sussex, RH20 1DA

Main issues, as the Inspector framed them

• The appeal on ground (b): whether the breach alleged has occurred as a matter of fact, in particular whether the access previously existed
• The appeal on ground (f): whether the requirements of the notice exceed what is reasonably necessary to remedy the breach or any injury to amenity
• The appeal on ground (g): whether the periods specified in the notice fall short of what should reasonably be allowed

What decided it

The appellants failed to provide compelling evidence to rebut the Council's case that the access had been newly created, and established case law confirmed the notice could lawfully require removal of facilitative works and closure of the access.

The disruption to the children's education and family circumstances was given some significant weight but did not outweigh the need for the phased compliance timetable requiring cessation of the use and remedial works within the specified periods.