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Planning appeal decision

Notice upheld30 September 20243332570

Bongate Hall West, Appleby in Westmorland, England, CA16 6HW

Planning appeal 3332570 at Bongate Hall West, Appleby in Westmorland, England, CA16 6HW (Eden District Council *) was dismissed on 30 September 2024 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f).

Without planning permission the construction and laying of a concrete pad and partial erection of a timber frame for a proposed outbuilding on/near the western boundary of the land (shown in photographs in Annex 3)

Authority
Eden District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Robbie G
Postcode
CA16 6HW

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f)
  • Whether the compliance period of 3 calendar months is reasonable (ground g)

What decided it

The notice's requirements are proportionate to remedying the breach of planning control, and the 3-month compliance period is reasonable for the limited works involved.

The decision letter

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More decisions in Eden District Council

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

  1. Dismissed21 May 20253359259
    2 Coach Croft, Great Strickland, Penrith , Cumbria, CA10 3BF
  2. Allowed3 December 20253373381
    Town End Cottage, Great Salkeld, Penrith, Cumbria, CA11 9LW
  3. Dismissed2 April 20253327011
    Scotland Road, Penrith, CA11 7NR
  4. Dismissed12 March 20253351424
    Broad Pot Hill, Potters Loaning, Alston, Westmorland and Furness, CA9 3AD
  5. Allowed17 September 20243334750
    Verteris House, Augill, Brough, Cumbria, CA17 4DX

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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