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Planning appeal decision

Notice varied and upheld5 March 20243318093

Land East of Oak Bank Farm, Loweswater, Cockermouth, Cumbria, CA13 0RP

Without planning permission, the making of a material change of use of the land from agriculture to a mixed use of agriculture and the siting of a residential unit, occupied as short-term holiday letting accommodation

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Gray E

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control (ground c)
  • Whether the enforcement notice was properly served on all persons with an interest in the land (ground e)
  • Whether the steps required to comply with the notice are excessive (ground f)

What decided it

The appellant's failure to provide convincing evidence that the holiday units were moved every 28 days to different locations as required by Class B permitted development, placing the burden of proof on the appellant which was not discharged.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.