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Planning appeal decision

Notice varied and upheld17 February 20263371877

Green Barn, Severnside Farm, Bonnies Lane, Gloucester, GL1 2BZ

‘Without planning permission, the material change of use of part of the Building on the Land, from agricultural to residential use, to form two (2) self-contained residential dwellings’

Authority
Gloucester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Griffin E

Main issues, as the Inspector framed them

  • Under ground (e), whether the notice was improperly served on the appellant
  • Under ground (d), whether at the date the notice was issued no enforcement action could be taken because the material change of use had occurred and continued without significant interruption for at least four years before the notice was issued

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that the material change of use to two self-contained dwellings had continued without significant interruption for a four-year period, with a gap of at least 19 months being fatal to the ground (d) appeal.

Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.