Horsley Banks Farm, Horsley, NEWCASTLE UPON TYNE, NE15 0NS

the construction of a building

Authority: Northumberland County Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: agricultural · Householder developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the building was substantially completed more than four years before the enforcement notice was issued, such that it would be immune from enforcement action under section 171B(1) of the Town and Country Planning Act 1990

What decided it

The appellant failed to prove on the balance of probability that the building was substantially completed more than four years before the enforcement notice was issued, as evidenced by aerial photographs showing incomplete roofing, a planning contravention notice stating the building was not yet complete, and a planning application form indicating the work was incomplete.

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