®Planning appeal decision
Dismissed30 March 20263356466
Low Throston House, Netherby Gate, Hart Lane, Hartlepool, TS26 0LF
without planning permission, the change of use of land to extend curtilage of 1No. dwelling approved under H/2021/0215 and erection of fence to enclose land into residential curtilage
- Authority
- Hartlepool Borough Council *
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Franks Z
Main issues, as the Inspector framed them
- Appeal A: Whether the use of the land as residential curtilage to the Bungalow had been in substantially uninterrupted use for 10 years prior to the LDC application date
- Appeal B Ground (b): Whether the matters alleged in the enforcement notice have occurred
- Appeal B Ground (c): Whether the matters stated in the notice constitute a breach of planning control
- Appeal B Ground (d): Whether the alleged development is immune from enforcement action by virtue of 10 years use
- Appeal B Ground (f): Whether the requirements of the notice exceed what is necessary to remedy the breach
- Appeal B Ground (g): Whether the compliance period is reasonable
What decided it
The appellant failed to demonstrate on the balance of probabilities that the appeal land had an existing residential use prior to its enclosure as part of the Bungalow's curtilage, meaning the material change of use was not immune from enforcement action.
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.