37 West End Road, Maxey, Peterborough, PE6 9EJ

Planning appeal 3300282 at 37 West End Road, Maxey, Peterborough, PE6 9EJ (Peterborough City Council) was dismissed on 24 July 2023 by Inspector Jones L, by written representations. The main issue, as the Inspector framed it: whether the Council's decision to refuse to grant a lawful development certificate was well founded.

Continued use of the dwelling without complying with an agricultural occupancy condition

Authority: Peterborough City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Other minor developments
Inspector: Jones L
Postcode: PE6 9EJ

Main issues, as the Inspector framed them

whether the Council's decision to refuse to grant a lawful development certificate was well founded

What decided it

The evidence showed Mr Garford was employed in the crop spraying business until at least 2014, meaning the Council could not have taken enforcement action during the entire ten-year period required to establish lawfulness.

What the Inspector cited

Judgments: Shortt v SSCLG & Tewkesbury BC [2015] WL 725902; London Borough of Lambeth v SSHCLG [2019] UKSC 33; Ashbury Borough Council Ex Parte Shepway District Council, R. V. [1998] Admin 488; UBB Waste Essex Ltd v Essex County Council [2019] EWHC 1924 (Admin); North Wiltshire District Council v Secretary of State for the Environment and Clover (1993) 65 P. & C.R 137

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Peterborough

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

Notice upheld11 December 20253367231
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Notice upheld10 December 20253368334
Land Adjacent to Ascot House, Lynch Wood, Lynch Wood Business Park, Peterborough, PE2 6WZ
Quashed On Legal Grounds26 March 20253337916
37 West End Road, Maxey, Peterborough, PE6 9EJ
Notice upheld11 December 20243350446
Land Adjacent to 1705 Lincoln Road, Peterborough, PE6 7HH
Notice varied and upheld3 May 20233278099
Buffingham Kennels, Waterworks Lane, Glinton, Peterborough, PE6 7LP

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.