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Allowed3 July 20263362936

Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA

Planning appeal 3362936 at Homestead Farm Churchend, Twyning, Tewkesbury, GL20 6DA (Tewkesbury Borough Council) was allowed on 3 July 2026 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: 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.

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

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Jones R
Postcode
GL20 6DA

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 decision letter

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More decisions in Tewkesbury

The authority’s record since 2016 · every decision in 2026

  1. Dismissed7 May 20263348446
    Plot 6, Warren Fruit Farm, Cheltenham, GL54 5BN
  2. Notice upheld7 May 20263341916
    Plot 10, Warren Fruit Farm, Evesham Road, Greet, Gloucestershire, GL54 5BN
  3. Notice varied and upheld7 May 20263341850
    Evesham Road, Greet, Gloucestershire, GL54 5BN
  4. Notice varied and upheld12 February 20263360223
    Land at The Lays, Oakle Street, Minsterworth, Gloucestershire, GL2 8JR
  5. Notice upheld9 February 20263373394
    Brackenwood Lodge Churchend, Twyning, Tewkesbury, GL20 6DA

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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