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Dismissed25 August 20233317587

Farm View, Owens Lane, Downholland, Ormskirk, L39 7HX

Planning appeal 3317587 at Farm View, Owens Lane, Downholland, Ormskirk, L39 7HX (West Lancashire District Council) was dismissed on 25 August 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the certificate of lawfulness was well-founded.

occupation in non-compliance with condition 2 attached to application reference 8/75/285 requiring the property to be occupied by a person solely or mainly employed in agriculture

Authority
West Lancashire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
agricultural · Householder developments
Inspector
Savage M
Postcode
L39 7HX

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the certificate of lawfulness was well-founded

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence, corroborated by documentary proof such as pay slips or employer letters, to demonstrate on the balance of probabilities that Condition 2 had been breached continuously for at least ten years prior to the application date.

The decision letter

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More decisions in West Lancashire District Council

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

  1. Planning permission granted12 December 20253339186
    10 Cromwell Close, Aughton, Ormskirk, L39 5ET
  2. Notice varied and upheld24 October 20253331560
    3 Sunnyside, Aughton, Ormskirk, L39 6RL
  3. Quashed On Legal Grounds8 April 20253340869
    15 Liverpool Road, Aughton, Ormskirk, L39 5AP
  4. Notice upheld25 March 20253339918
    West Quarry, Appley Lane North, Appley Bridge, WN6 9EA
  5. Quashed On Legal Grounds29 October 20243337264
    La Mancha Lodge, 104 Renacres Lane, Halsall, Lancashire, L39 8SF

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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