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Planning appeal decision

Allowed1 November 20233317309

54 Field Lane, Morton, Gainsborough, DN21 3BY

Planning appeal 3317309 at 54 Field Lane, Morton, Gainsborough, DN21 3BY (West Lindsey District Council) was allowed on 1 November 2023 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that occupation of the dwelling in breach of the agricultural occupancy condition was lawful at the material date of 12 September 2022.

the proposed use of the dwelling for occupation by a person or persons, including the dependents of such person or persons, taking an income from renting out land (smallholding) attached to the dwelling to be farmed. This

Authority
West Lindsey District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Madge M
Postcode
DN21 3BY

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that occupation of the dwelling in breach of the agricultural occupancy condition was lawful at the material date of 12 September 2022

What decided it

The appellant demonstrated that the dwelling had been occupied in breach of the agricultural occupancy condition for more than 10 years without material interruption, rendering the breach immune from enforcement action.

The decision letter

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More decisions in West Lindsey

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

  1. Dismissed19 September 20243336904
    The Bungalow, Sturton Road, Ingleby, Lincoln, LN1 2PQ
  2. Planning permission granted8 November 20233311773
    4 Beck Hill, Tealby, Market Rasen, LN8 3XS
  3. Invalid2 November 20233312739
    The Forge (Known As Blacksmiths Shop on the Land Registry), 17B Brook Street, Hemswell, Gainsborough, DN21 5UJ
  4. Notice varied and upheld22 November 20223304086
    16 Britannia Terrace, Gainsborough, DN21 1BL
  5. Dismissed1 October 20266011337
    Land West of Sunnyside, Glentham, LN8 2FA

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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