Yew Tree, River Lane, LEATHERHEAD, Surrey, KT22 0AY

Without planning permission, the material change in use of the Land to use as a residential caravan site for both 1. Gypsies and travellers and 2. Non-gypsies and travellers ("the unauthorised use") And all associated works facilitating the material change of use which includes: - i) The erection of fencing, gates and means of enclosure ii) The laying of hard surfaces iii) The erection of brick bases, steps and pillars for caravans iv) The erection of outbuildings and/or structures, and canopies v) The installation of septic/sewage disposal tanks and associated pipework

Authority: Mole Valley District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: caravan-gypsy · Major traveller and caravan pitches
Inspector: Willows P

Main issues, as the Inspector framed them

Ground (b): whether the matters stated in the notice have occurred, focusing on the correct planning unit and occupation of the site by people not meeting the Gypsy/Traveller definition
Ground (c): whether the matters stated in the notice constitute a breach of planning control, focusing on whether there has been a material change of use of the land subject to the 2020 planning permission

What decided it

The Inspector's finding that no material change of use had occurred on the land already covered by the extant 2020 planning permission, combined with his conclusion that the notice could not be corrected or varied under s.176(1) without causing injustice to the appellant.

Plan policies cited: Policy H5, Policy H7

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Royale Parks Ltd v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1101; Rawlins v Secretary of State for the Environment; Gregory v Secretary of State for the Environment

Read the decision letter on the Inspectorate’s site

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.