®Planning appeal decision
Helmsdeep Long Lane, Barnacre, PRESTON, PR3 1RN
without planning permission, the material change of use of the land consisting in: (i) the material change of use of the building (hereinafter referred to as the ‘Shed’) in the approximate location on the land shown shaded in blue on the attached plan marked Plan 1 to use as a single self-contained residential dwellinghouse; (ii) the use of the part of the land on which the shed is erected for the residential purposes described at sub-paragraph 3.(i) above; and (iii) the use of all other parts of the land for purposes ancillary and/or incidental to the residential uses described at sub-paragraphs 3.(i) and 3.(ii) above
- Authority
- Wyre Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- McGlone A
Main issues, as the Inspector framed them
- Whether, at the date the notice was issued, no enforcement action could be taken in respect of the alleged breach of planning control (ground (d))
What decided it
The appellant failed to provide sufficiently precise and unambiguous evidence of continuous four-year (or ten-year, for the land) residential/ancillary use of the shed, particularly regarding the critical January 2015 to February 2016 period.
Judgments cited: Gravesham Borough Council v Secretary of State for the Environment (1984) 47 P & CR 142; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Panton and Farmer v, SSETR and Vale of White Horse DC (1999) JPL 461; Arun DC v. FSS [2006] EWCA Civ 1172
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.