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Dismissed20 May 20253332736

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

Planning appeal 3332736 at Carlby Hawes Wood , Off Stamford Road , Carlby , PE10 0NG (South Kesteven District Council) was dismissed on 20 May 2025 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: 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.

Creation of a single dwellinghouse and associated infrastructure (utility, decking, woodstore and septic tank)

Authority
South Kesteven District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hainsworth D
Postcode
PE10 0JG

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.

The decision letter

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More decisions in South Kesteven

The authority’s record since 2016 · every decision in 2025

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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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