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Planning appeal decision

Dismissed21 December 20213264566

Brathen, The Thorpe, Greystoke, Penrith, Cumbria, CA11 0TJ

Planning appeal 3264566 at Brathen, The Thorpe, Greystoke, Penrith, Cumbria, CA11 0TJ (Eden District Council *) was dismissed on 21 December 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded, specifically whether the use of the outbuilding as a dwellinghouse would have been lawful on the date the application was made.

use as a single dwellinghouse. Summary

Authority
Eden District Council *
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Freer P
Postcode
CA11 0TJ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded, specifically whether the use of the outbuilding as a dwellinghouse would have been lawful on the date the application was made

What decided it

The character of the use of the outbuilding as short-term holiday accommodation with frequent occupier turnover and association with the main B&B building is materially different to use as a dwellinghouse, and use as a dwellinghouse has not occurred at all.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1983] JPL 306; Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202

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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More decisions in Eden District Council

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

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  5. Notice upheld30 September 20243332570
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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.