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Planning appeal decision

Dismissed9 December 20213267423

Devils Elbow Farm Hillend, Locking, Weston-Super-Mare, BS24 8PG

Planning appeal 3267423 at Devils Elbow Farm Hillend, Locking, Weston-Super-Mare, BS24 8PG (North Somerset Council) was dismissed on 9 December 2021 by Inspector Harwood A, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the Council's decision to refuse the LDC was well founded taking account of the information that has been submitted.

without planning permission, the material change of use of the land from a mixed agricultural, equestrian use to a mixed agricultural, equestrian and the siting of a caravan for residential use (edged red on the attached plan and excluding the area coloured blue)

Authority
North Somerset Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Change of use
Inspector
Harwood A
Postcode
BS24 8PG

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse the LDC was well founded taking account of the information that has been submitted.
  • Whether the enforcement notices correctly describe the alleged breach of planning control and the planning unit, and if not, whether it would cause injustice to correct them under section 176(1)(a) and (b).

What decided it

The appellant's evidence for continuity of the claimed uses over the required ten-year period was found unreliable and inconsistent with contemporaneous documentation, while the enforcement notices were found to misdescribe the true single mixed-use planning unit and could not be corrected without causing injustice.

The decision letter

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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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