Land at 145 Wellingborough Road, Northampton, Northamptonshire , NN1 4DX

3.1 The unauthorised erection of a single storey structure within the red line of the attached plan (the Unauthorised Structure). 3.2 The material change of use of the land from open courtyard to a bar/restaurant/shisha lounge (the Unauthorised Use)

Authority: West Northamptonshire
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Phillips A

Main issues, as the Inspector framed them

Whether at the date the enforcement notice was issued, no enforcement action could be taken on the ground of immunity from enforcement action through the passage of time under section 171B of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide clear and unambiguous evidence on the balance of probabilities that the unauthorised development had been in continuous use for the requisite 10-year period to qualify for immunity from enforcement action.

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