®Planning appeal decision
Homestead Farm Churchend, Twyning, TEWKESBURY, GL20 6DA
described as “The Land to the North and West of the barn has been in residential use for at least the last 15yrs and no agricultural activity has been carried out so we would like a certificate of lawful use in order to change it to residential
- Authority
- Tewkesbury Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Jones R
Main issues, as the Inspector framed them
- Whether a material change of use of the former agricultural land to residential garden occurred ten or more years before the date of the application, and then continued without material interruption for a period of at least ten years thereafter, so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act
What decided it
The evidence was sufficiently precise and unambiguous to demonstrate on the balance of probabilities that the land had been in continuous use as residential garden for ten or more years prior to the application date, thereby meeting the immunity period 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.