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Planning appeal decision

Dismissed9 December 20213267423

Devils Elbow Farm Hillend, Locking, WESTON-SUPER-MARE, BS24 8PG

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.