®Planning appeal decision
Fourways Farm, Narrow Lane, Wymeswold, Leicestershire, LE12 6SD
Unauthorised change of use from agricultural equipment store and aircraft hangar to a mixed use of agricultural equipment store, aircraft hangar and residential dwelling
- Authority
- Charnwood Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Boffin D
Main issues, as the Inspector framed them
- Whether the enforcement notice should be corrected under section 176(1)(a) of the 1990 Act without injustice to either party
- Whether, on ground (d), the material change of use alleged began before 29 October 2009 and continued for at least 10 years without material interruption
- Whether the Welwyn principle applied such that deliberate concealment or positive deception by the appellants or their predecessors deprived them of immunity under section 171B of the 1990 Act
What decided it
The appellants established, on the balance of probabilities, 10 years' continuous residential use before the notice was issued, and the Welwyn principle of deliberate concealment was not engaged.
Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183; R (oao Matilda Holdings Ltd) v SSCLG [2016] EWHC 2725 (Admin)
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.