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Planning appeal decision

Dismissed10 January 20243326348

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

Planning appeal 3326348 at Land at Broadgate, Lincoln Road, East Markham, Nottinghamshire, NG22 0SL (Bassetlaw District Council) was dismissed on 10 January 2024 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
NG22 0SL

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 decision letter

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More decisions in Bassetlaw

The authority’s record since 2016 · every decision in 2024

  1. Dismissed14 October 20266013155
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  2. Dismissed22 September 20266006950
    Land off Middlebridge Road, Gringley-on-the-Hill, DN10 4SE
  3. Dismissed16 September 20266007348
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  4. Dismissed10 September 20266012228
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  5. Allowed1 September 20266007837
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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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