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Planning appeal decision

Notice upheld23 May 20233296184

Brocka, Lindale, Grange-Over-Sands, LA11 6LW

Planning appeal 3296184 at Brocka, Lindale, Grange-Over-Sands, LA11 6LW (Lake District) was dismissed on 23 May 2023 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the notice has occurred (ground b).

Material change of use from agriculture to storage (vehicles, trailers, machinery, equipment, containers, building materials and tyres) and associated operational development including spreading of material and creation of hard standing

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Freer P
Postcode
LA11 6LW

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the notice has occurred (ground b)
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of the breach (ground d)
  • Whether copies of the enforcement notice were properly served as required by Section 172 of the 1990 Act (ground e)

What decided it

The physical evidence on site and in photographs clearly demonstrated both a material change of use to storage and operational development raising ground levels, occurring within the ten-year enforcement period.

The decision letter

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More decisions in Lake District

The authority’s record since 2016 · every decision in 2023

  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.

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