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Planning appeal decision

Notice varied and upheld5 March 20243318093

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

Planning appeal 3318093 at Land East of Oak Bank Farm, Loweswater, Cockermouth, Cumbria, CA13 0RP (Lake District) was allowed in part (a split decision) on 5 March 2024 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control (ground c).

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 decision letter

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More decisions in Lake District

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.