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Dismissed22 November 20213274261

Land at Lofshaw Airstrip, Hutton End, Penrith, Cumbria, CA11 0SG

Planning appeal 3274261 at Land at Lofshaw Airstrip, Hutton End, Penrith, Cumbria, CA11 0SG (Lake District) was dismissed on 22 November 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved on the balance of probability that the use of the property changed to mixed use for agriculture and an aerodrome on or before 3 February 2011 and that the use then continued without significant interruption for ten years after the date of the change.

mixed use of the land as agriculture and an aerodrome

Authority
Lake District
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved on the balance of probability that the use of the property changed to mixed use for agriculture and an aerodrome on or before 3 February 2011 and that the use then continued without significant interruption for ten years after the date of the change

What decided it

The appellant's evidence of aerodrome use during the material ten-year period was too imprecise and insufficient to discharge the burden of proof on the balance of probabilities.

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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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