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Planning appeal decision

Notice upheld9 July 20213260998

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

Planning appeal 3260998 at Red House Farm, 58 Marsh Road, Sutterton, Boston, PE20 2LR (Boston Borough Council) was dismissed on 9 July 2021 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the use of the land as a dog park, the use of buildings for ancillary uses associated with the dog park, and the stationing of a static caravan for use as an office in connection with the dog park are lawful by reason of the passage of time under section 174(2)(d).

Authority
Boston Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Harbottle M
Postcode
PE20 2LR

Main issues, as the Inspector framed them

  • Whether the use of the land as a dog park, the use of buildings for ancillary uses associated with the dog park, and the stationing of a static caravan for use as an office in connection with the dog park are lawful by reason of the passage of time under section 174(2)(d)

What decided it

The appellant failed to demonstrate on the balance of probability that the dog park use commenced on or before 15 September 2010 and continued without significant interruption; the evidence showed a material change in character occurring in 2017, not before the relevant date.

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.

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