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Planning appeal decision

Quashed On Legal Grounds27 January 20253333633

Croft House, Berrier, Penrith, CA11 0XD

Planning appeal 3333633 at Croft House, Berrier, Penrith, CA11 0XD (Lake District) was decided (quashed on legal grounds) on 27 January 2025 by Inspector Tweddle J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control.

without planning permission, the making of a material change of use of the Land and building from use as agriculture to use for the landing and take-off of gyrocopters/gyroplanes for commercial use, and for agriculture

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Tweddle J
Postcode
CA11 0XD

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control

What decided it

The enforcement notice misdescribes the breach of planning control and cannot be corrected without causing injustice to one of the parties, rendering it invalid.

The decision letter

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More decisions in Lake District

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

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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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