Over Taylor Biggs

The Council had originally issued an Enforcement Notice over the erection of a mobile home in the land owner's garden.  The Council had also refused to grant Retrospective Planning Permission for the necessary change of use.

However, before the mobile home had been built, the land owner had met the Planning Officer who confirmed that Planning Permission would not be required.  The Council went so far as to write two letters in confirmation.  In reliance, the land owner erected the mobile home without obtaining Planning Permission.

West Devon Borough Council then concluded that the mobile home was not within the curtilage of the building and would, therefore, require Planning Permission.  The land owner made it clear that he was happy to move the mobile home to within the curtilage and therefore offered a compromise.  Regardless, the Borough Council continued with the enforcement proceedings.

On appeal, the Planning Inspector decided that the Borough Council had deliberately avoided resolving the issue by agreement or compromise largely because it felt the original advice given by the Planning Officer had been defective.  The Inspector decided that the Council had been unreasonable in not continuing discussions with the land owner that might have resulted in an acceptable compromise.  The land owner's appeal was allowed and, as a result, costs were awarded against the Borough Council.