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Planning appeal decision

Notice upheld15 April 20243318704

Land North of A66, Lofshaw, Troutbeck, Penrith, Cumbria, CA11 0SH

Planning appeal 3318704 at Land North of A66, Lofshaw, Troutbeck, Penrith, Cumbria, CA11 0SH (Lake District) was dismissed on 15 April 2024 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether, at the date when the enforcement notice was issued, no enforcement action could be taken in respect of the alleged breach of planning control under section 174(2)(d) of the Town and Country Planning Act 1990.

Without planning permission, a material change of use of the Land, and the building erected on the land, from use as agriculture, to use as an aerodrome for the landing and taking off of light aircraft, and for agriculture

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
utilities-energy · Change of use
Inspector
Gray E
Postcode
CA11 0SH

Main issues, as the Inspector framed them

  • Whether, at the date when the enforcement notice was issued, no enforcement action could be taken in respect of the alleged breach of planning control under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate that the alleged mixed use had been carried out continuously for the ten-year period required by section 171B of the Town and Country Planning Act 1990 before the enforcement notice was issued.

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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.

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