The man on the Clapham omnibus

You don’t meet the man on the Clapham omnibus much these days but here he is in a recent appeal case:

In determining an appeal against an enforcement notice which alleged the material change of use of agricultural land in west Cornwall to a mixed allotment and leisure use (DCS Number 400-029-642), the inspector first gave his attention to getting the notice in order. 

The inspector opined that “The ordinary person on the Clapham Omnibus, should it be diverted to Perranuthnoe, would understand the difference between leisure activities that have nothing to do with agriculture and agriculture that also happens to be a leisurely activity taking place on what may conversationally be called an “allotment”.” He found that it would be clearer for the allegation to refer to a mixed use of the land for “agriculture and leisure use”.

That would be some diversion.

The importance of framing the correct allegation in an enforcement notice is explained at section 4.533 of DCP Online.