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Planning appeal decision

Dismissed28 February 20243300124

The Bungalow The Causeway, Mark, Highbridge, TA9 4QJ

Planning appeal 3300124 at The Bungalow The Causeway, Mark, Highbridge, TA9 4QJ (Sedgemoor District Council *) was dismissed on 28 February 2024 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: Whether any failure to comply with condition 2 of the Original Permission was immune from enforcement, and therefore lawful for the purpose of the 1990 Act, as at the date of application.

for the existing use of dwelling as residential without any agricultural or horticultural tie. Summary

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Blackwell J
Postcode
TA9 4QJ

Main issues, as the Inspector framed them

  • Whether any failure to comply with condition 2 of the Original Permission was immune from enforcement, and therefore lawful for the purpose of the 1990 Act, as at the date of application

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence to demonstrate a continuous and uninterrupted ten-year breach of condition 2, particularly given gaps in evidence regarding the Gowans' employment history and indications of possible involvement in the horticultural business.

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More decisions in Sedgemoor District Council

The authority’s record since 2016 · every decision in 2024

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  5. Notice varied and upheld9 October 20233318060
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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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