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Planning appeal decision

Quashed On Legal Grounds31 January 20223279611

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

Planning appeal 3279611 at Land to the Rear of High Cross, Hawkshead, Ambleside, LA22 0QB (Lake District) was decided (quashed on legal grounds) on 31 January 2022 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control.

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
Postcode
LA22 0QB

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.

The decision letter

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More decisions in Lake District

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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.