The Bothy, Lofshaw, Troutbeck, Penrith, CA11 0SH

Without planning permission, the making of a material change to use as a unit of residential accommodation

Authority: Lake District
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Gray E

Main issues, as the Inspector framed them

Whether the building amounts to a dwellinghouse for planning purposes
Whether the enforcement notice was issued within the four-year time limit for enforcement action

What decided it

The appellant failed to demonstrate on the balance of probabilities that the building had been continuously occupied as a residence for the four-year period prior to the enforcement notice, having provided only general evidence of regular but non-permanent occupation without specific dates.

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