®Planning appeal decision
Land at Unit E, yard and parking area, Malt House Farm, Green Street Green Road, Dartford, Kent , DA2 8DX
i. Without planning permission, the construction of a building called 'Unit E', the excavation and levelling of land, the laying of hardstanding to form the yard and parking area and the erection of palisade fencing. ii. Without planning permission, the material change of use of the land to use as a granite workshop and storage and distribution of granite products
- Authority
- Dartford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Hocking P
Main issues, as the Inspector framed them
- Whether there has been a breach of planning control, i.e. whether the excavation and levelling of land amounted to development (ground (c))
- Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f))
- Whether the period given for compliance with the requirements of the notice is too short (ground (g))
What decided it
The appellant failed to demonstrate on the balance of probabilities that the works did not amount to a breach of planning control or that the notice's requirements were excessive, while the compliance period was moderately extended under ground (g).
A 12-month compliance period was found to strike the appropriate balance between allowing time for relocation and not unduly perpetuating the breach of planning control.
Judgments cited: Fayrewood Fish Farms Ltd v Secretary of State for the Environment [1984] J.P.L. 267
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.