Planning appeal decision
Quashed On Legal Grounds1 December 20233302656
Oakbank House, Helm Road, Bowness-On-Windermere, WINDERMERE, LA23 3BU
- Authority
- Lake District
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Freer P
Main issues, as the Inspector framed them
- Whether the enforcement notice is a nullity for failing to comply with section 173(3) of the Town and Country Planning Act 1990
What decided it
The enforcement notice failed to specify a requirement to restore the land to its condition before the breach took place, contrary to section 173(3) of the Town and Country Planning Act 1990, rendering it a nullity incapable of correction.
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.
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