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Planning appeal decision

Notice upheld15 November 20213277772

Land at Ginnyring Cottage, Grizebeck, Kirkby-in-Furness, LA17 7XH

Planning appeal 3277772 at Land at Ginnyring Cottage, Grizebeck, Kirkby-in-Furness, LA17 7XH (South Lakeland District Council *) was dismissed on 15 November 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged to constitute a breach of planning control have occurred.

Formation of an area of hardstanding and creation of a new access to the side of the property

Authority
South Lakeland District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whitfield J
Postcode
LA17 7XH

Main issues, as the Inspector framed them

  • Whether the matters alleged to constitute a breach of planning control have occurred
  • Whether the alleged breach constitutes a breach of planning control
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control
  • Whether the requirements of the notice are excessive

What decided it

The access was formed onto the A595, a classified road, which falls outside the permitted development parameters of Class B of the GPDO, and the appellant failed to demonstrate the works were substantially completed before the four-year enforcement deadline.

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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