Decision details

To decline to determine application P/FUL/2022/03161

In May 1996 an enforcement notice (ENF/5/96) was served on this site, Land at 21 Barnsfield Road, St Leonards, to prevent the stationing of a mobile home for residential use. This was appealed and the notice was upheld in February 1997.

Subsequently a planning application was submitted 19/05/2022 (P/FUL/2022/03161) for the change of use of the land for the siting of one mobile home and erection of one dayroom for gypsy/traveler accommodation.

Under S70C of the Town and Country Planning Act 1990, the Council has declined to determine the application as there is an extant enforcement notice which covers all of the land and the development proposed includes the matters specified in the original enforcement notice.

This decision is taken under delegated powers set out in Paragraph 136(a) of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority “To undertake all action in respect of administering / processing any application under any of the Town and Country Planning Legislation including the power to:

(a) determine whether any application has been validly made and/or whether to decline to register and/or determine any application including to decline to determine any application which s/he considers to be a repeat application, relating to an extant enforcement action and/or as a result of the submission of inadequate/insufficient information;”

This authority has been delegated to me through the Local Scheme of Nomination for Planning Services - Executive Director for Place. 

The application meets the criteria set out in S70C of the Town and Country Planning Act 1990, and therefore the Council has the right to decline to determine the application. This is considered to be the appropriate course of action, and avoids using Council resources to determine the application, when it has already been established (through the enforcement notice) that the development applied for is not appropriate in this location.

The alternative option of determining the application is not considered appropriate. The Enforcement Notice has already established that the proposed use is not appropriate in this location.

N/A