Material Change of Use. Domestic land to car park - Yoah Cottage, Highgate lane, west Knighton. DT2 8PE
August 27, 2025 Officer Delegated Decision (Officer) Approved View on council websiteFull council record
Content
This decision is taken under delegated powers set out in
Paragraph 145 of the Officer Scheme of Delegation in the Council’s
constitution, which grants delegated authority to undertake all action
in order to regulate any actual, perceived or potential breach of any of
the Town and Country Planning Legislation including:
(f) to determine whether or not to
take and/or to cease action whether because in his/her opinion the breach
is trivial, there is insufficient demonstrable harm and/or, it is not
expedient to take / continue to take action
This authority has been delegated to me through the Local
Scheme of Nomination for the Executive Director for Place.
Reasons for the decision
The land in use is adjacent to a domestic house, previously
used as a dwelling house for the publican of the village pub, which is next
door, further into the village. The pub and house are now owned by the same
person. The pub is open 7 days a week, and it’s
popularity has developed that, as such, on occasions the owner allows vehicles
to park on his land. (This area was subject to a previous complaint concerning
similar use as storage for building materials. That matter was resolved). The
only alternative would be to have the vehicles parked in the street, causing
traffic flow problems as this road is quite narrow. I contacted the local
Parish Council for further information as it was also suggested that there was
a similar use of land, also owned by the landlord, adjacent to the church
whereby he allowed such use during busy periods. The local PC did not provide
any further information, nor has there been any complaints.
As such, it would appear that this
occasional use would not be considered as so serious as to be causing harm and
therefore de minimus.
Alternative options considered
The alternative option would be to pursue formal enforcement
action. However, due to this matter being of low planning harm, it is not
expedient to pursue formal action. This is in line with Government guidance
which suggests that Local Planning Authorities should act proportionately in
responding to suspected breaches of planning control.
Details
| Outcome | Recommendations Approved |
| Decision date | 27 Aug 2025 |