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Planning appeal decision

Notice varied and upheld9 October 20243346332

Moor Lane, Roeburndale West , Hornby, Lancaster, LA2 9LL

Planning appeal 3346332 at Moor Lane, Roeburndale West , Hornby, Lancaster, LA2 9LL (Lancaster City Council) was allowed in part (a split decision) on 9 October 2024 by Inspector Hitchcock R, following a hearing. The main issue, as the Inspector framed it: Ground (b): whether the matters alleged in the notice have occurred.

Without planning permission, the change of use from agricultural land to a mixed use comprising agricultural and recreational use, the erection of buildings and the storage of materials along the eastern boundary

Authority
Lancaster City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Hitchcock R
Postcode
LA2 9LL

Main issues, as the Inspector framed them

  • Ground (b): whether the matters alleged in the notice have occurred
  • Ground (c): whether the matters alleged constitute a breach of planning control
  • Ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach

What decided it

The Inspector's finding that buildings 1-5 constituted unauthorised 'buildings' facilitating the recreational use meant the use fell outside the GPDO Part 4 Class B temporary use exemption, establishing the breach of planning control.

What the Inspector cited

Judgments
Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025; Ramsey v SSETR & Suffolk Coastal DC [2002] JPL 1123; Murfitt v SSE & East Cambridgeshire CC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630

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 Lancaster City Council

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

  1. Notice varied and upheld23 September 20263378663
    Land Lying to the North of Bottomdale Road, Halton, Lancashire, LA2 6BH
  2. Allowed12 August 20266007210
    Land at Arna Wood Lane, Aldcliffe, LA2 0AE
  3. Notice upheld29 May 20263329382
    29 Queen Street, Lancaster, LA1 1RX
  4. Planning permission granted23 April 20263369959
    Kellet Bridge Farm, Carnforth, LA6 1AB
  5. Quashed On Legal Grounds23 April 20263366959
    Hamspey Ltd, Long Lane , Quernmore , Lancaster, LA2 9EE

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.