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Planning appeal decision

Notice varied and upheld5 March 20243318605

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

Planning appeal 3318605 at The Bothy, Lofshaw, Troutbeck, Penrith, CA11 0SH (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 the building amounts to a dwellinghouse for planning purposes.

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
Postcode
CA11 0SH

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.

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.