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Dismissed6 August 20213271044

Land Off Greens Lane, Downholland, Lydiate, L31 4HZ

Planning appeal 3271044 at Land Off Greens Lane, Downholland, Lydiate, L31 4HZ (West Lancashire District Council) was dismissed on 6 August 2021 by Inspector Williamson J, by written representations. The main issue, as the Inspector framed it: Whether the proposal constitutes permitted development under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015.

Erection of an agricultural building for storage of agricultural machinery and equipment on agricultural land

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
agricultural · Minor general industry/storage/warehousing
Inspector
Williamson J

Main issues, as the Inspector framed them

  • Whether the proposal constitutes permitted development under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The conflicting claims about the use of the land and building, combined with site observations of topsoil processing machinery and the appellant's earlier application describing the building as for a topsoil business, meant the appellant failed to clearly demonstrate that the proposal fell within the permitted development scope.

What the Inspector cited

Judgments
R (oao Smolas) v Herefordshire Council [2021] EWHC 1663 (Admin); Marshall v East Dorset; Keenan v Woking Borough Council 2017

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 West Lancashire District Council

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

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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.