®Planning appeal decision
Allowed7 July 20263353053
6 The Byre, 6 Braddon Farm Cottages, Ashwater, Devon, EX21 5EP
described in the LDC application as a use of an approved fishing lake for recreational fishing
- Authority
- Torridge District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- leisure-sport · Major retail and services
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether the lake on site has the benefit of the planning permission granted pursuant to application reference 1/1419/1990
- If so, whether the 1990 Permission granted consent for the use of the land (including the lake) for recreational fishing
- If so, whether these lawful use rights have been lost
- In the alternative, whether the use of the land for recreational fishing has continued substantially uninterrupted for a period of 10 years or more
What decided it
The 1990 Permission explicitly stated the purpose as 'construction of a pond (for fishing)', which the Inspector found to be clear within the four corners of the decision notice and to permit recreational fishing as the primary use.
Judgments cited: Turner v SSE & Macclesfield BC [1992] JPL 837
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.