®Planning appeal decision
Hillside Farm, Rushmore Hill, SEVENOAKS, TN14 7NL
without the required planning permission - operational development comprising the erection/construction of: 1. A hardstanding car parking area marked “A” and coloured yellow on the attached plan; 2. 4 single storey structures marked “B”, “C”, “E” and “F” on the attached plan; AND without the required planning permission, the material change of use of the site from open land/green fields/agricultural use to a mixed use of storage (Class B8), vehicle repair/maintenance services (Class B2), car wash and car park (sui generis) and a gym (Class E(d)) and such uses have been facilitated by the placing of a container unit (marked D on the attached plan) and associated plant/equipment (marked G on the attached plan) on the site
- Authority
- London Borough of Bromley
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Jones D
Main issues, as the Inspector framed them
- Whether the enforcement notice correctly identifies the planning unit to which the alleged breach relates
- Whether the notice's allegation of a mixed use encompasses all the uses actually taking place on the land
What decided it
The enforcement notice failed to correctly identify the planning unit and omitted the office use from the alleged mixed use, and correcting these defects would cause injustice, rendering the notice invalid.
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841 (Admin)
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.