Ecclerigg Tarn, Near Killington, Kendal , LA6 2HB

Authority: Westmorland and Furness Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: caravan-gypsy · Other minor developments
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the development was lawfully commenced before 19 September 2009 such that planning permission SL/2005/0767 remains extant

What decided it

The Appellant provided sufficient precise and unambiguous evidence through Statutory Declarations and contemporary photographic evidence to establish on the balance of probability that material operations (creation of the access track) were begun before 19 September 2009, thereby rendering the planning permission extant.

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