®Planning appeal decision
Land at Red House Farm, 58 Marsh Road, Sutterton, BOSTON, Lincolnshire, PE20 2LR
without planning permission, the use of a static caravan situated immediately to the rear of the dwellinghouse, shown hatched blue on the plan, to provide an independent unit of residential accommodation (Class C3 of the Town and Country Planning (Use Classes) Order 1987)
- Authority
- Boston Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- caravan-gypsy · Minor Dwellings
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether, at the date when the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control on ground (d) of section 174(2) of the Town and Country Planning Act 1990, based on whether the use for human habitation had achieved immunity from enforcement action through 10 years of continuous use
What decided it
The appellant's evidence, including Statutory Declarations, only established that human habitation of the static caravan began in early to mid-June 2009, which is after the material date of 11 April 2009 required to establish a 10-year immunity from enforcement action.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.