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Devils Lane
- Bill Mouland (31st Aug 2016 - 21:20:57)
Appeal Ref: APP/M1710/C/15/3024015
Land east of Devils Lane, Liphook, Hampshire
The appeal is made under Section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991 (“the 1990 Act”).
The appeal is made by Felix Connors (“the Appellant”) against an Enforcement Notice issued by East Hampshire District Council (“the Council”) on 13 March 2015.
The Council's reference is 52747/010.
The breach of planning control as alleged in the Enforcement Notice is without planning permission and within the last 10 years, siting of caravans used for residential purposes.
The requirements of the Enforcement Notice are: 1. Cease the use of the caravans for residential purposes. 2. Cease the carrying out of all engineering operations on the Land. 3. Remove the caravans from the Land and all associated residential structures, items and vehicles. 4. To dig up, disconnect and remove any electricity, gas and water supply from the Land. 5. To dig up and remove all the hardsurfacing and resultant debris from the Land.
The period for compliance with the requirements is twelve months.
The appeal is proceeding on the grounds set out in Section 174(2) (a) & (g) of the 1990 Act.
The Inquiry sat on 10 to 15 May (inclusive) and 2 and 21 June 2016.
Summary of Decision: The appeal is dismissed and the Enforcement Notice is upheld with a correction.
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Re: Devils Lane
- sara (1st Sep 2016 - 12:08:00)
does this mean that the caravan site at the top of Devils lane have to leave now
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Re: Devils Lane
- Bill Mouland (1st Sep 2016 - 12:14:21)
They have a year in which to comply...
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Re: Devils Lane
- sara (1st Sep 2016 - 13:50:52)
does this mean they have a year to move
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Re: Devils Lane
- Another resident (1st Sep 2016 - 18:08:33)
Well,
At last common sense has prevailed. But I do believe the law changed a year ago to stop developments in unsuitable areas like this.
They could not have picked a more dangerous area to the public.
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Re: Devils Lane
- Keith (2nd Sep 2016 - 08:33:48)
Sara
Yes, that is correct. They have a year to leave the site. Part of the reason for the length of time is that the Inspector recognised that as there were no official traveler sites in East Hampshire, it could take them a while to find somewhere to move to.
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Re: Devils Lane
- F (13th Oct 2016 - 21:03:30)
there are appealing against this decision basically there are grounds to appeal hopefully they will get their permission this time round?
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Re: Devils Lane
- Bill Mouland (11th Nov 2016 - 16:11:34)
High Court decision ref the Connors family in Devils Lane.
As you know, they were refused planning permission by EHDC and lost a subsequent appeal at a public inquiry. They appealed against the Government inspector’s decision but have not even been granted leave to appeal. I am told they have no other legal recourse and will now have to quit within a year.
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co/4897/2016
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
PLANNING COURT
BEFORE THE HONOURABLE MR JUSTICE GARNHAM
IN THE MATTER OF an application for permission to appeal under s.289 of the Town and Country Planning Act 1990
BETWEEN
FELIX CONNORS
Appellant
and
1. SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT
2. EAST HAMPSHIRE DISTRICT COUNCIL
Respondents
ORDER
UPON HEARING Counsel for the Appellant and Counsel for the 1st Respondent upon the Appellant's application for permission to appeal the decision of the 1st Respondent's lnspector dated 31/08/2016
lT lS ORDERED THAT:-
1. Permission be refused
2. The Claimant is to pay the Defendant's costs in the sum of £3487.
Dated: 27/10/2016
By the Court
Sent to the Appellant and Respondent on: 28/10/2016
Appellant: LESTER MORRILL SOLICITORS Ref: kjc/461S2/connors
Respondent: GLD Ref: | |
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