Foxhill, Plot 19 Warren Fruit Farm, Eveshsam Road, Greet, Gloucestershire, GL54 5BN

Planning appeal 3327305 at Foxhill, Plot 19 Warren Fruit Farm, Eveshsam Road, Greet, Gloucestershire, GL54 5BN (Tewkesbury Borough Council) was allowed in part (a split decision) on 18 April 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: GL54 5BN

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 decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

34 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Tewkesbury

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

Allowed3 July 20263362936
Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA
Dismissed7 May 20263348446
Plot 6, Warren Fruit Farm, Cheltenham, GL54 5BN
Notice upheld7 May 20263341916
Plot 10, Warren Fruit Farm, Evesham Road, Greet, Gloucestershire, GL54 5BN
Notice varied and upheld7 May 20263341850
Evesham Road, Greet, Gloucestershire, GL54 5BN
Notice varied and upheld12 February 20263360223
Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR

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.