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Planning appeal decision

Notice upheld17 November 20213272504

2 Syke Villa, Troutbeck, Windermere, LA23 1PJ

Planning appeal 3272504 at 2 Syke Villa, Troutbeck, Windermere, LA23 1PJ (Lake District) was dismissed on 17 November 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to achieve the purpose of remedying the breach of planning control.

building operations consisting of the construction of a raised patio area as shown in the attached photographs A and B (Appendix 1) and shown in the approximate position marked with a cross on the attached plan

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A
Postcode
LA23 1PJ

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to achieve the purpose of remedying the breach of planning control

What decided it

The enforcement notice's purpose is to remedy the breach of planning control under section 173(4)(a), and without a ground (a) appeal, lesser mitigation steps cannot be accepted under ground (f).

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
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  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.