Carlby Hawes Wood , Off Stamford Road , Carlby , PE10 0NG

Authority: South Kesteven District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hainsworth D

Main issues, as the Inspector framed them

Whether the use of the building as a single dwellinghouse has acquired immunity from enforcement action under section 171B of the Town and Country Planning Act 1990

What decided it

The use of a newly built dwellinghouse as a dwelling from the outset is subject to the 10-year enforcement limitation period under section 171B(3), not the 4-year period, and therefore does not acquire immunity within the meaning of section 191(2) until 10 years have elapsed from the date of the breach.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.
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