®Planning appeal decision
Ashlea Nursery, Birchwood Road, Wilmington, Dartford, Kent, DA2 7HQ
the material change of use of the land to a mixed use comprising: i. use of land for storage purposes facilitated by siting of shipping style containers; ii. the deposit and storage of building materials including building waste, fencing, decking and scaffolding equipment; iii. the use of the Land for the storage of motor vehicles; iv. the use of the Land for the breaking and repair of motorised vehicles; v. the use of the Land as a civil engineering yard; vi. the use of the Land as a scaffolding yard/s; vii. the use of the Land for dog agility training
- Authority
- Dartford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Whether the enforcement notice is a nullity because it is hopelessly unclear and defective on its face
- Whether the Land the subject of the Notice comprises different planning units
- Whether there is uncertainty surrounding the alleged breach of planning control which makes the requirements to remedy it similarly unclear
What decided it
The enforcement notice's internal inconsistencies and uncertainty about the alleged breach (particularly regarding the containers and the hardstanding as operational development) could not be corrected without causing injustice to the appellant, rendering the notice invalid.
Judgments cited: Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598; Caldwell & Timberstone Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467
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.