The land at The Moorings, Elton Road, FOTHERINGHAY, Northamptonshire, PE8 6RJ

without planning permission the construction of a car parking area and trackway, various structures and the installation of five boat moorings in the approximate positions marked [P, X, M1, M2, M3, M4 and M5] on the attached site plan, and the change of use of the Land not in the course of navigation to residential use, the hire of boats and the long term mooring of boats

Authority: East Northamptonshire District Council *
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: other · Change of use
Inspector: Madge M

What decided it

The appellant failed to prove, on the balance of probability, that the mixed use of agriculture and boat mooring for residential/home-leisure purposes (moorings M3, M4 and M5) began before the material date of 1 April 2009, so it had not become immune from enforcement.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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