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Dismissed22 December 20213279484

Land Adjacent And Rear Of 43 West Street, Kings Cliffe, Northamptonshire, PE8 6XB

Planning appeal 3279484 at Land Adjacent And Rear Of 43 West Street, Kings Cliffe, Northamptonshire, PE8 6XB (East Northamptonshire District Council *) was dismissed on 22 December 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether material operations comprised in the development were carried out prior to 27 July 2005.

that operations associated with planning application 99/00672/FUL have commenced

Authority
East Northamptonshire District Council *
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Rogers B
Postcode
PE8 6XB

Main issues, as the Inspector framed them

  • Whether material operations comprised in the development were carried out prior to 27 July 2005
  • If so, whether the operations were begun in breach of a condition precedent

What decided it

The appellant failed to demonstrate on the balance of probability that material operations were carried out before the expiry of the permission, and any operations would not have been in compliance with the undischarged conditions precedent.

What the Inspector cited

Judgments
F.G.Whitley & Sons v SSW & Clwyd CC [1982] JPL 856

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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

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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.

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.