®Planning appeal decision
Moor Lane, Roeburndale West , Hornby, Lancaster, LA2 9LL
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
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.
Judgments cited: 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
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.