®Planning appeal decision
Quashed On Legal Grounds7 February 20243310783
The Barn at Seadyke House, Seadyke Road, Kirton, Boston, PE20 1QE
change of use of former annexe to form dwelling
- Authority
- Boston Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Appeal A (hidden ground b): Whether there has been a material change of use of annexe accommodation to form primary residential accommodation
- Appeal B (i): Whether the principle of the development is acceptable in the context of the Council's development strategy and the National Planning Policy Framework
- Appeal B (ii): Whether the development is vulnerable to the risk of flooding
What decided it
Appeal A was allowed because the breach alleged had not occurred as a matter of fact; Appeal B was dismissed because the development conflicts with the development plan on grounds of principle (countryside location without identified need) and flood risk vulnerability.
Plan policies cited: Policy 1, Policy 19, Policy 23, Policy 4, Policy 31
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.