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Planning appeal decision

Notice upheld13 September 20233316588

Field Adjoining Bow Cottage, Gatcombe Lane, Flax Bourton, BS48 3QT

Planning appeal 3316588 at Field Adjoining Bow Cottage, Gatcombe Lane, Flax Bourton, BS48 3QT (North Somerset Council) was dismissed on 13 September 2023 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether it is too late to take enforcement action (ground d).

without planning permission, the material change of land from agricultural to a mixed use of agricultural and equestrian use including the construction of an all-weather riding arena, gravelled parking area and access track

Authority
North Somerset Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Jarratt P
Postcode
BS48 3QT

Main issues, as the Inspector framed them

  • Whether it is too late to take enforcement action (ground d)
  • Whether the steps required by the enforcement notice are excessive (ground e)

What decided it

The appellant failed to demonstrate on the balance of probability that a material change of use to mixed agricultural and equestrian use had occurred and continued for 10 years prior to the enforcement notice, therefore the use is not lawful through passage of time.

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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