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Planning appeal decision

Dismissed22 November 20213274261

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

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.

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.