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Planning appeal decision

Quashed On Legal Grounds3 November 20233310548

Land to the North of the Boat House, Bank Ground Farm, Coniston, LA21 8AA

Planning appeal 3310548 at Land to the North of the Boat House, Bank Ground Farm, Coniston, LA21 8AA (Lake District) was decided (quashed on legal grounds) on 3 November 2023 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990.

Formation of two retaining stone walls, backfilling land creating a raised platform comprising hardstanding and lawned area, erection of four associated facility buildings and material change of use of the lake and lakeshore to a tented camping and caravan site

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Whitfield J
Postcode
LA21 8AA

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990

What decided it

The enforcement notice was not served on Mr J Batty, a person with a materially affected interest in the land, in breach of section 172 of the Town and Country Planning Act 1990, and this failure caused substantial prejudice that could not be disregarded.

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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