54 Field Lane, Morton, Gainsborough, DN21 3BY

Planning appeal 3317311 at 54 Field Lane, Morton, Gainsborough, DN21 3BY (West Lindsey District Council) was dismissed 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 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 was lawful at the material date of 28 November 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 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 was lawful at the material date of 28 November 2022

What decided it

The definition of agriculture does not include deriving an income from the agricultural tenancy of land, therefore the proposed use would not comply with the agricultural occupancy condition.

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.