Man loses bid to keep cabin and shed he claimed were non-residential after inspector found couch, food and tumble drier
A man has been told to demolish a timber cabin and a shed built without planning permission after his appeal to the Government planning inspectorate was dismissed.
Shropshire Council had issued an enforcement notice for an alleged breach of planning control on the land east of Overton Dingle, in Overton near Ludlow, in April last year.
The authority alleged that the land was being used for residential purposes, citing the presence of a static caravan for human habitation and the fact some of the land had been altered and excavated.
It also stated that a timber cabin for residential use had been built along with a shed to house "domestic paraphernalia" and fencing and gates had been built that exceeded 2 metres in height.
In the original notice, Shropshire Council instructed the landowner - Mr Thomas William Smith - to stop using the land for residential purposes and to "return the land to its former condition".
Mr Smith was instructed to remove the hard standing, fencing, timber cabin, shed and static caravan on site.
The landowner argued the site was not being used for residential purposes and appealed to the Government planning inspectorate to overturn the decision.
Mr Smith argued that the cabin was "used for documentation to be stored along with tools and machinery" for his "fledgling" building and agricultural business.
But a site visit from an inspector in late November uncovered "no evidence of a business operating from the appeal site".
Inspector A Walker wrote: "During my site visit, the appellant did not have access to the cabin nor the touring caravans and so I was unable to view inside them.
"Nevertheless, I could see through a number of the windows in the cabin, through which I observed a kitchen with cupboards that appeared to contain foodstuff, a couch, and a shoe rack near the front door that contained several pairs of casual footwear.
"There was no evidence the cabin was being used for the storage of any documents or machinery relating to a business."
The inspector also noted a small timber shed to the back of the cabin, which contained a washing machine and tumble drier; a septic tank close to the cabin, and two large gas bottles which were connected to it.
The inspector added: "Adjacent to the cabin was a large touring caravan, outside the door of which were plant pots. There were two smaller touring caravans on the site, one of which had an electrical extension lead leading to the cabin.
"There were also four cars parked on the site, which did not have the appearance of being commercial in nature and therefore it is reasonable to conclude they were for private domestic use.
"Overall, the site appeared to be in use for residential purposes, with no evidence of a business operating from it."
As a result of their findings, the inspector dismissed the appeal and the enforcement notice was upheld.
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