Land to the rear of High Cross, Hawkshead, Ambleside, LA22 0QB

Without planning permission, the making of a material change of use of the land and buildings to a residential use

Authority: Lake District
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control

What decided it

The appellant proved on the balance of probabilities that the land had been used for residential purposes continuously from 2007 onwards, exceeding the 10-year immunity period, and the Council provided no evidence to contradict this.

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