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Planning appeal decision

Notice upheld16 December 20213263100

Bridge Farm, Gull Bank, Whaplode Drove, Spalding, PE12 0SS

Planning appeal 3263100 at Bridge Farm, Gull Bank, Whaplode Drove, Spalding, PE12 0SS (South Holland District Council) was dismissed on 16 December 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has taken place as a matter of fact (ground b).

without planning permission the material change of use of the land from use for agriculture to a mixed use consisti ng of the following uses: (a) to a vehicle repair business and associated storage of scrap vehicles, machinery and other paraphernalia at building no.1 shown edged blue on the attached plan no.2; (b) to residential use at building no.2 shown edged pink on the attached plan no.2; (c) to non-agricultural storage at building no.3 shown edged green on the attached plan no.2; (d) the storage of scrap vehicles on the land; and (e) a mini digger/plant hire business on the land

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Rogers B
Postcode
PE12 0SS

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has taken place as a matter of fact (ground b)
  • Whether the alleged breach constitutes a material change of use requiring planning permission (ground c)
  • Whether the mixed use commenced more than 10 years prior to the enforcement notice and subsisted throughout that period (ground d)

What decided it

The appellant failed to demonstrate on the balance of probability that the mixed use commenced more than 10 years prior to the enforcement notice and subsisted throughout the relevant 10-year period, with evidence showing a material change in the level and intensity of use from around 2014 onwards.

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More decisions in South Holland

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

  1. Notice varied and upheld11 December 20253329561
    6A North Road, Gedney Hill, Spalding, PE12 0NL
  2. Dismissed27 March 20253331406
    Annex White Cottage, Long Lane, Spalding, Lincolnshire, PE12 0PP
  3. Notice varied and upheld27 November 20243344342
    Poppy Fields Caravan Park, Fields Farm South, Sutton Bridge, Spalding, PE12 9XT
  4. Allowed5 July 20243339458
    The Orchards, Blazegate, Gedney , Spalding , PE12 0AD
  5. Planning permission granted13 January 20233258547
    Land on the East Side of Baulkins Drove, Sutton St James, Spalding, Lincolnshire , PE12 0JX

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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