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Planning appeal decision

Allowed14 June 20213244867

The Cabin, Higher Hollin, Lumb Lane, BB4 9RR

Planning appeal 3244867 at The Cabin, Higher Hollin, Lumb Lane, BB4 9RR (Rossendale Borough Council) was allowed on 14 June 2021 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: These appeals will therefore turn on whether the appeal building is a permanent dwelling or a temporary structure permitted under the GPDO used in association with the restoration of Higher Hollin.

without planning permission the construction of a building including the siting and attachment of a portacabin to create a dwelling used for residential purposes

Authority
Rossendale Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Change of use
Inspector
Savage M
Postcode
BB4 9RR

Main issues, as the Inspector framed them

  • These appeals will therefore turn on whether the appeal building is a permanent dwelling or a temporary structure permitted under the GPDO used in association with the restoration of Higher Hollin

What decided it

The Inspector's finding that The Cabin was a permanent building not reasonably required temporarily for the renovation of Higher Hollin, and therefore not permitted development under the GDO, meaning the 10-year immunity period applied and had been satisfied by continuous residential use since 1992.

What the Inspector cited

Judgments
Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Fairstate Ltd v FSS & Westminster CC [2005] EWCA Civ 283; [2005] JPL 1333; Ellis v Secretary of State for Communities & Local Government and another [2009] EWHC 634 (Admin); R. (Wilsdon) v First Secretary of State [2006] EWHC 2980 (Admin)

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.

See how each was applied

The decision letter

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

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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.

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.