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Planning appeal decision

Notice upheld17 June 20213270487

Low Shepherds Yeat, Crook, Kendal, LA8 8LR

Planning appeal 3270487 at Low Shepherds Yeat, Crook, Kendal, LA8 8LR (Lake District) was dismissed on 17 June 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (ground (d) appeal under section 174(2) of the 1990 Act).

Material change of use of building to dwellinghouse used for holiday letting accommodation

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whitfield J
Postcode
LA8 8LR

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (ground (d) appeal under section 174(2) of the 1990 Act)

What decided it

The evidence did not demonstrate, on the balance of probabilities, that the material change of use from ancillary accommodation to an independent dwellinghouse occurred before 12 January 2017, the date four years before the enforcement notice was issued.

What the Inspector cited

Judgments
Welwyn Hatfield BC v SSCLG and Beesley [2011] UKSC 15

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 Lake District

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

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
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  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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.