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Planning appeal decision

Notice upheld13 October 20213276196

Land at Fell End Caravan Park, Hale, Milnthorpe, LA7 7BS

Planning appeal 3276196 at Land at Fell End Caravan Park, Hale, Milnthorpe, LA7 7BS (South Lakeland District Council *) was dismissed on 13 October 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (siting of four two storey residential units) has occurred.

Siting of four two storey residential units (holiday lets) on the land

Authority
South Lakeland District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Minor Dwellings
Inspector
Whitfield J
Postcode
LA7 7BS

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (siting of four two storey residential units) has occurred
  • Whether enforcement action could be taken at the date the notice was issued, having regard to the four-year time limit for building operations

What decided it

The appellant's evidence was not sufficiently precise or unambiguous to demonstrate that the four residential units were substantially complete on or before 27 April 2017, therefore the four-year time limit for enforcement action under section 171B(1) had not expired at the date the notice was issued.

The decision letter

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More decisions in South Lakeland District Council

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

  1. Split Decision6 December 20233307949
    Land off A595, School Road, Kirkby-In-Furness, Cumbria, LA17 7TL
  2. Dismissed6 December 20233306111
    Land off A595, School Road, Kirkby-In-Furness, LA17 7TL
  3. Planning permission granted18 September 20233301526
    Land at Hardcragg Hall Cottage, Hardcragg Way, Grange-over-Sands, LA11 6BH
  4. Planning permission granted8 February 20233297922
    Land at Cark Manor, Cark, Grange-Over-Sands, LA11 7PG
  5. Notice upheld31 January 20233298385
    Eden Lodge and House, Conishead Grange, Bardsea, LA12 9QH

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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