5 Rayrigg Rise, Bowness on Windermere, Cumbria, LA23 3DR

without planning permission, the making of a material change of use of the land from a single dwellinghouse to two dwellinghouses

Authority: Lake District
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the matters comprising the alleged breach of planning control have occurred (ground b)
Whether the matters alleged constitute a breach of planning control (ground c)
Whether at the date the notice was issued enforcement action could be taken (ground d)

What decided it

The space functioned as a separate self-contained dwellinghouse used by paying guests, constituting a material change of use from one to two dwellinghouses, and the appellants failed to demonstrate four years of continuous use to benefit from immunity.

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