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Planning appeal decision

Notice varied and upheld3 November 20213227613

The Land at The Moorings, Elton Road, Fotheringhay, Northamptonshire, PE8 6RJ

Planning appeal 3227613 at The Land at The Moorings, Elton Road, Fotheringhay, Northamptonshire, PE8 6RJ (East Northamptonshire District Council *) was allowed in part (a split decision) on 3 November 2021 by Inspector Madge M, following a hearing.

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
Postcode
PE8 6RJ

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.

What the Inspector cited

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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in East Northamptonshire District Council

The authority’s record since 2016 · every decision in 2021

  1. Allowed12 August 20213267380
    Ranger Pigs Ltd, Fotheringhay Lodge, Fotheringhay, Peterborough, PE8 5JD
  2. Allowed14 October 20243345481
    1 The Moorings, Woodford, Kettering, Northamptonshire, NN14 4HN
  3. Dismissed24 June 20243339049
    Opposite 5 Spencer Street, Ringstead, Northamptonshire , NN14 4BX
  4. Allowed2 January 20243313962
    42 Meadow View , Higham Ferrers , Northants , NN10 8EW
  5. Dismissed24 February 20233306369
    42 Little Street, Northamptonshire, Rushden, NN10 0LS

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.