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Planning appeal decision

Quashed On Legal Grounds1 December 20233302656

Oakbank House, Helm Road, Bowness-On-Windermere, Windermere, LA23 3BU

Planning appeal 3302656 at Oakbank House, Helm Road, Bowness-On-Windermere, Windermere, LA23 3BU (Lake District) was decided (quashed on legal grounds) on 1 December 2023 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity for failing to comply with section 173(3) of the Town and Country Planning Act 1990.

Installation of top-hung, 1 over 1 double glazed windows in the south, west, north and east elevations

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Freer P
Postcode
LA23 3BU

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 decision letter

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More decisions in Lake District

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

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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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