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Planning appeal decision

Dismissed10 January 20243326348

Land at Broadgate, Lincoln Road, East Markham, Nottinghamshire, NG22 0SL

described as “use class: Part 17 Class A (all land areas) and use class: Part 6 Class B (all land areas)

Authority
Bassetlaw District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Fleming D

Main issues, as the Inspector framed them

  • Whether the Council's decision was well-founded, turning on whether the appellant can show on the balance of probability that the uses either took place more than 10 years before the date of application, or have continued without material interruption, or that the land has not been put to any other use inconsistent with the use sought

What decided it

The appellant failed to demonstrate on the balance of probabilities that there had been any use of the land by statutory undertakers as operational land for the required 10-year period, despite establishing historical ownership by a railway company.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.