®Planning appeal decision
Helmsdeep Long Lane, Barnacre, Preston, PR3 1RN
Planning appeal 3322003 at Helmsdeep Long Lane, Barnacre, Preston, PR3 1RN (Wyre Borough Council) was allowed in part (a split decision) on 3 April 2024 by Inspector McGlone A, following an inquiry. The main issue, as the Inspector framed it: 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)).
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
- Postcode
- PR3 1RN
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.
What the Inspector cited
- Judgments
- 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
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2024
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- Notice varied and upheld22 October 20243316124Land on the North Side of Crook Gate Lane, Out Rawcliffe, Preston, Lancashire, PR3 6TR
- Notice upheld21 February 20243296817The Crossing Cottage Lambs Lane, Pilling, Preston, PR3 6SB
- Quashed On Legal Grounds18 December 20233325409Cube Bar Ltd, 2 Breck Road, Poulton-Le-Fylde, FY6 7AA
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.