Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds28 November 20223290823

Cliffe House, 7 Tors Park, Lynmouth, Lynmouth, Devon, EX35 6NB

without planning permission and within the last 10 years: A change of use of land from agriculture/forestry to a mixed use comprising agriculture/forestry and the storage of items not associated with that use including metal storage containers timber, a trailer, pipes, tyres and an engine

Authority
Exmoor
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Harwood A

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued, it was too late to take enforcement action under section 171B(3) of the Town and Country Planning Act 1990, on the basis that the material change of use had been continuous for 10 years or more

What decided it

The cumulative weight of evidence from local residents corroborating continuous storage use of the site for more than 10 years prior to the enforcement notice, combined with the absence of any contradictory evidence from the Park Authority, satisfied the balance of probabilities test required under section 171B(3) of the Town and Country Planning Act 1990.

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.