Land at Red House Farm, 58 Marsh Road, Sutterton, Boston, Lincolnshire, PE20 2LR

Planning appeal 3228336 at Land at Red House Farm, 58 Marsh Road, Sutterton, Boston, Lincolnshire, PE20 2LR (Boston Borough Council) was dismissed on 7 December 2022 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: PE20 2LR

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 decision letter

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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.