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Planning appeal decision

Notice upheld22 March 20223284307

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

Planning appeal 3284307 at Land at Opposite 2, 3, 4 Park Garth, Little Urswick, LA12 0PL (South Lakeland District Council *) was dismissed on 22 March 2022 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has taken place as a matter of fact (ground b).

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
Postcode
LA12 0PL

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 decision letter

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More decisions in South Lakeland District Council

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

  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.

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.