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Planning appeal decision

Notice upheld26 August 20223284463

Fearon Place Farm, Kinniside, Ennerdale Bridge, CA23 3AG

Planning appeal 3284463 at Fearon Place Farm, Kinniside, Ennerdale Bridge, CA23 3AG (Lake District) was dismissed on 26 August 2022 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, the use had been continuous for a period of ten years beginning with the date of the breach, such that no enforcement action could be taken.

Material change of use of land from agriculture to use for tented camping and the siting of holiday caravans

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Freer P
Postcode
CA23 3AG

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, the use had been continuous for a period of ten years beginning with the date of the breach, such that no enforcement action could be taken

What decided it

The appellant failed to demonstrate on the balance of probability that the use alleged in the notice had been continuous for ten years, with photographic evidence suggesting caravan use ceased around 2013 and no credible evidence of tented camping use for the required period.

The decision letter

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More decisions in Lake District

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

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    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
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  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.

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