Croftpool , Croftlane, Standlake, Oxfordshire, OX29 7QL

Without planning permission: (i) A material change of use of the island to residential use; and (ii) Operational development consisting of the construction of a dwelling, a further building ("the storage building"), a toilet shed ("the shed") and a canopied structure ("the structure")

Authority: West Oxfordshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hitchcock R

Main issues, as the Inspector framed them

Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and whether it can be corrected without injustice to the appellant or the local planning authority

What decided it

The enforcement notice failed to specify with sufficient clarity the alleged breach of planning control, referring only to residential use while evidence showed mixed uses on the island, and it could not be corrected without risk of injustice.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841 (Admin)

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