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Planning appeal decision

Dismissed11 September 20233307644

Yewdale Inn, 2 Yewdale Road, Coniston, LA21 8DU

Planning appeal 3307644 at Yewdale Inn, 2 Yewdale Road, Coniston, LA21 8DU (Lake District) was dismissed on 11 September 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether or not the use of the Inn falls primarily into Article 3(6)(p) or (q) (drinking establishments etc), or Class E(b) (sale of food and drink etc.) of the UCO and is granted deemed consent for the provision of a moveable structure within its curtilage by virtue of Class G of Part 2 of Schedule 2 of the GPDO.

the installation of a moveable structure

Authority
Lake District
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Householder developments
Inspector
Wharton T
Postcode
LA21 8DU

Main issues, as the Inspector framed them

  • Whether or not the use of the Inn falls primarily into Article 3(6)(p) or (q) (drinking establishments etc), or Class E(b) (sale of food and drink etc.) of the UCO and is granted deemed consent for the provision of a moveable structure within its curtilage by virtue of Class G of Part 2 of Schedule 2 of the GPDO
  • Whether the uses constitute a mixed use of the premises, and the provision of a moveable structure is not permitted development under Class G

What decided it

The use of the premises is a composite mixed use (sui generis) comprising three distinct and balanced activities (public house, restaurant, and hotel accommodation) rather than a primary use falling within Article 3(6)(p) or (q) or Class E(b) of the Use Classes Order, and therefore does not qualify for permitted development rights under Class G of the GPDO.

The decision letter

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

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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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