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Planning appeal decision

Notice varied and upheld29 March 20233297343

Land at Williams Farm, Kiln Pit Hill, Consett, Northumberland, DH8 9SB

Planning appeal 3297343 at Land at Williams Farm, Kiln Pit Hill, Consett, Northumberland, DH8 9SB (Northumberland County Council) was allowed in part (a split decision) on 29 March 2023 by Inspector Cullen F, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the Appellant has demonstrated on the balance of probabilities that the 2 caravans have been stationed on the Land and continuously used for residential purposes for more than 10 years before the date of issue of the notice, so as to be immune from enforcement.

Appeal A: material change of use of land from agricultural to stationing of 2 caravans plus linking structure for residential purposes. Appeal B: erection of building to house parrots and other animals, corrugated steel barn, 2 timber structures to accommodate birds, and area of hardstanding (hardstanding removed by correction).

Authority
Northumberland County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Cullen F
Postcode
DH8 9SB

Main issues, as the Inspector framed them

  • Appeal A: whether the Appellant has demonstrated on the balance of probabilities that the 2 caravans have been stationed on the Land and continuously used for residential purposes for more than 10 years before the date of issue of the notice, so as to be immune from enforcement.
  • Appeal B: whether the matters stated in the notice constitute a breach of planning control.

What decided it

In Appeal A, the Appellant's inability to provide credible evidence of continuous residential use for the required statutory period, contradicted by the Appellant's own previous statements to the Council. In Appeal B, the permanence of the structures and the fact that the land measured under 5 hectares meant the buildings required planning permission and did not benefit from permitted development rights.

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More decisions in Northumberland County Council

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

  1. Dismissed10 July 20263376543
    The Dairy, Callerton Hall Drive, High Callerton, Northumberland County, NE20 9TT
  2. Notice upheld2 February 20263364972
    13 Fairholme Avenue, Haltwhistle, Northumberland, NE49 9EX
  3. Notice varied and upheld2 February 20263331312
    Land North East of Fieldholme, Embleton, Northumberland, NE66 3XJ
  4. Notice varied and upheld27 August 20253334465
    Land North of All Saints Church, Ryal, NE20 0RN
  5. Quashed On Legal Grounds22 May 20253359929
    Hillfield Allendale Road, Hexham, NE46 2NJ

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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