Land on the North West Side of Cockerham Road, Bay Horse, Lancaster, LA2 0HQ

Planning appeal 3241296 at Land on the North West Side of Cockerham Road, Bay Horse, Lancaster, LA2 0HQ (Wyre Borough Council) was decided (quashed on legal grounds) on 14 June 2021 by Inspector Lloyd I, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice contains all elements of the lawful mixed use, given planning permission for stabling of horses.

without planning permission the material change of use of the Land from agricultural use to a mixed use for part agricultural and part use for the siting of a static caravan for residential purposes

Authority: Wyre Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: caravan-gypsy · Change of use
Inspector: Lloyd I
Postcode: LA2 0HQ

Main issues, as the Inspector framed them

Whether the enforcement notice contains all elements of the lawful mixed use, given planning permission for stabling of horses
Whether the notice adequately describes what the appellant has done wrong and what must be done to remedy it
Whether the caravan has been adapted to become a building
Whether the building operations are immune from enforcement action under section 171B(1) (four-year immunity for building operations)
Whether there has been a change of use to a dwellinghouse immune from enforcement action under section 171B(2) (four-year immunity for change of use to single dwellinghouse)
Whether the enforcement notice was properly served on all occupiers

What decided it

The enforcement notice alleged a material change of use of land to residential use (caravan), but the Inspector found the structure was a building immune from enforcement action under section 171B(1), and there was insufficient evidence of a change of use to a dwellinghouse under section 171B(2), making the notice incapable of correction without injustice.

What the Inspector cited

Judgments: Miller-Mead v Minister of Housing and Local Government [1963] 2 WLR 225; Measor v SSETR & Tunbridge Wells DC [1999] JPL 182; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; [2002] JPL 1278

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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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.