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Planning appeal decision

Notice varied and upheld15 May 20253355537

Land on Corner of Humber Road and Town Street, South Killingholme, North Lincolnshire, DN40 3BT

Planning appeal 3355537 at Land on Corner of Humber Road and Town Street, South Killingholme, North Lincolnshire, DN40 3BT (North Lincolnshire Council) was allowed in part (a split decision) on 15 May 2025 by Inspector Jones D, following an inquiry. The main issue, as the Inspector framed it: Whether or not the material change of use of the appeal site to the storage of scaffolding materials commenced more than 10 years prior to the issue of the enforcement notice, such that the development is immune from enforcement action under ground (d).

without planning permission, the change of use of agricultural land to land for storage (of scaffolding materials)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Jones D

Main issues, as the Inspector framed them

  • Whether or not the material change of use of the appeal site to the storage of scaffolding materials commenced more than 10 years prior to the issue of the enforcement notice, such that the development is immune from enforcement action under ground (d)

What decided it

The appellant's evidence as to when the material change of use commenced was inconsistent, contradictory, and not sufficiently precise and unambiguous to prove on the balance of probability that the use began more than 10 years before the notice was issued.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.

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The decision letter

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4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in North Lincolnshire Council

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld13 April 20263374717
    Willow Fields Campsite/Walkbaout Farm, Blackmore Lane, Epworth Road, Haxey, North Lincolnshire, DN9 2LH
  2. Split Decision9 February 20263367681
    Land at Eatern Part of Fourways Fisheries, Gunthorpe Road, Gunthorpe , DN9 1BG
  3. Planning permission granted9 February 20263364274
    Land at Western Part of Fourways Fisheries, Gunthorpe Road, Gunthorpe , DN9 1BG
  4. Dismissed29 January 20263375266
    Middle Moor Farm, Dole Road?, Crowle, Scunthorpe, DN17 4BL
  5. Invalid20 January 20263355406
    Caravan At Humber Lodge , Pasture Road North, Barton-Upon-Humber, DN18 5RB

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.

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