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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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.