11 Howmead, Berkeley, Gloucestershire, GL13 9AR

Authority: Stroud District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Moss J

Main issues, as the Inspector framed them

Whether, prior to the issue of the notice, a period of four years has passed beginning with the date on which the operational development referred to in the notice was substantially completed (ground (d))
Whether the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The appellants failed to prove, on the balance of probability, that the outbuilding and patio were substantially completed (in their fully finished, intended form) before 2 July 2021, so the four-year immunity period had not elapsed.

Judgments cited: Sage v SSETR & Maidstone BC [2003] UKHL 22; [2003] JPL 1299

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