Old Quarry Potters Brook, Bay Horse, LANCASTER, LA2 0HQ

Without planning permission the material change in the use of the Land from use for the purposes of agriculture to a mixed use comprising use for the purposes of agriculture and use as a dwellinghouse of the building erected as a dwellinghouse on the Land in the approximate location shown shaded yellow on the attached plan ("the Dwellinghouse") and the use of parts of the Land shown shaded pink on the attached plan for purposes ancillary or incidental to the use of the Dwellinghouse as a dwellinghouse

Authority: Wyre Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Pleasant L

Main issues, as the Inspector framed them

whether the development is acceptable in principle in this location, having regard to local and national planning policies
the effect on the character and appearance of the area
whether the requirements are excessive to achieve the purpose(s) of the notice

What decided it

The unsustainable, car-dependent location of the residential use, conflicting with the Council's settlement strategy, outweighed the finding of no harm to character and appearance and no other considerations justified departing from the development plan.

The absence of harm to character and appearance and other considerations raised (agricultural traffic needs, holiday-use fallback, PSED, Article 8 rights) did not outweigh the conflict with the development plan's settlement strategy, so the development plan prevailed and the appeal was dismissed.

Framework references: 55, 79, 80

Plan policies cited: Policy SP1, Policy SP2, Policy SP4, Policy CDMP6, Policy CDMP3, Policy EP9, Policy HP7

Judgments cited: Braintree DC v SSCLG, Greyread Ltd & Granville Development Ltd [2018] EWCA Civ 610; Simpson v Secretary of State for Communities and Local Government and another [20110 EWHC 283 (Admin)

Read the decision letter on the Inspectorate’s site

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.