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Planning appeal decision

Notice varied and upheld24 September 20243337709

Land to the North of The Boat House, Bank Ground Farm, Coniston

Planning appeal 3337709 at Land to the North of The Boat House, Bank Ground Farm, Coniston (Lake District) was allowed in part (a split decision) on 24 September 2024 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notices were served as required by Section 172 of the Town and Country Planning Act 1990.

Formation of raised platforms with retaining stone walls and backfilled land creating hardstanding and lawned areas; erection of four timber facility buildings; material change of use to tented camping and caravan site (north) and parking/storage (south)

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Freer P
Postcode
LA21 8AA

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notices were served as required by Section 172 of the Town and Country Planning Act 1990
  • Whether the matters alleged in the notices have occurred
  • Whether the matters alleged constitute a breach of planning control
  • Whether enforcement action could be taken at the date the notices were issued
  • Whether planning permission ought to be granted for the development
  • Whether the requirements of the notices exceed what is necessary
  • Whether the periods for compliance are reasonable

What decided it

The raised platforms constitute operational development requiring planning permission, and the development causes unacceptable harm to the character and appearance of the area, the National Park landscape, the World Heritage Site, and biodiversity, with public benefits insufficient to outweigh these harms.

What the Inspector cited

Development plan policies
Policy 01Policy 02Policy 03Policy 04Policy 05Policy 06Policy 07Policy 24Policy CNP1Policy CNP2Policy CNP8
National Planning Policy Framework
Paragraph 182Paragraph 195Paragraph 205Paragraph 207Paragraph 208

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Lake District

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

  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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.