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Planning appeal decision

Notice upheld22 March 20223284307

Land at Opposite 2, 3, 4 Park Garth, Little Urswick, LA12 0PL

Unauthorised change of use of the land from agriculture (Sui Generis) to a builder’s yard including storage and distribution of concrete blocks, bricks, stones and equipment (B8) within the area outlined in red on the attached plan which has occurred within the last 10 years

Authority
South Lakeland District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Wharton T

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has taken place as a matter of fact (ground b)
  • Whether the use constitutes a contravention of planning control (ground c)
  • Whether the use is immune from enforcement action by virtue of the ten-year rule (ground d)

What decided it

The appeal site was not established as forming part of the residential curtilage of 'Gynring' and therefore the storage of building materials constituted an unauthorised material change of use not immune from enforcement action.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.