[2025] EWHC 2646 (Admin)

The enforcement notice was issued by Dartford Council on 9 August 2024. It relates to land at Hawkspare, Green Street Green Road, Dartford DA2 8DP (the “Hawkspare Site”). South Darenth is the lessee of the eastern portion of the Hawkspare Site which is known as Fairfield. Hawkspare Limited (“Hawkspare”), the Second Respondent, is the owner of the western portion of the Site. The eastern and western parts of the Hawkspare Site were in common ownership until 1998, when ownership was divided. Both South Darenth and Hawkspare had separately appealed the Enforcement Notice, those appeals being heard together by the Inspector. This application for permission to bring a statutory appeal against the Inspector’s Decision is only being brought by South Darenth.

The Enforcement Notice alleged the following breach of planning control:

“Without planning permission, the material change of use of the Land to a mixed use involving:

i.

plant hire depot for purposes of crane hire, sales, maintenance and storage;

ii.

various storage compounds;

iii.

a printing business;

iv.

general haulage businesses;

v.

a scaffolding yard;

vi.

scaffolding sales; and

vii.

a construction engineering yard

together with associated development that facilitates the material change of use, including the levelling of land, laying of concrete slabs and hardcore, the erection of multiple scaffolding structures, siting of multiple site offices, buildings, containers, tanks and toilets, erection of retaining wall, fences and entrance gate and the siting of containers and concrete blocks; (my emphasis) and

Without planning permission, the rebuilding of a barn associated with a haulage business and the erection of a metal structure associated with the printing business.”

The Enforcement Notice required South Darenth to cease all elements of the mixed use of the land and to remove, amongst other things, “the retaining wall (concrete in gabion cages) that facilitates the material change of use” and “all internal dividing fences, palisade perimeter fences and gate at the main entrance that facilitate the material change of use” (again, my emphasis).