®Planning appeal decision
Notice varied and upheld18 April 20243327305
Foxhill, Plot 19 Warren Fruit Farm, Eveshsam Road, Greet, Gloucestershire, GL54 5BN
Without planning permission, the material change of use of the building and land edged red on the attached plan, from agricultural to residential use
- Authority
- Tewkesbury Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that the residential use of the building has continued for 4 years prior to 9 March 2023 without any other intervening uses, so as to be immune from enforcement action in accordance with section 171B(2) of the Town and Country Planning Act 1990
What decided it
The appellants failed to discharge the burden of proof by providing sufficiently precise and unambiguous evidence that the building was continuously used as a single dwellinghouse for four years without interruption prior to the enforcement notice date or LDC application date.
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.