Planning appeal decision
Land at Quin Hay Fram, Petersfield Road, Froxfield, Petersfield , GU32 1BZ
failure to comply with a condition imposed on planning permission ref SDNP/17/003617/FUL granted on 15 September 2017
- Authority
- South Downs
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- As usual in LDC appeals, the main issue is whether the Council's decision to refuse a LDC was well-founded
- Ground (c) - whether the matters alleged in the notice constitute a breach of planning control
- Ground (d) - whether, at the date the notice was issued, no enforcement action could be taken in respect of the breach
- Ground (f) - whether the steps required by the notice exceed what is required to remedy the breach
- Ground (g) - whether the compliance period specified falls short of what should reasonably be allowed
What decided it
The Inspector's finding that the Just Tankers operation constituted a materially different and unauthorised use from the lawful classic car use, breaching Condition 3 and undermining the claimed 10-year lawful use.
The Inspector balanced Just Tankers' need for time to find an alternative site against the harm its operation caused to neighbours' living conditions, the local road network and the tranquillity of the National Park, concluding the harms outweighed the case for a longer compliance period and that 6 months should stand.
Judgments cited: Trump International Golf Club v Scottish Ministers [2015] UKSC 74, [2016] WLR 85
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.
®