Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed28 May 20263376174

Plum Tree Cottage, Lyth, Kendal, LA8 8DD

Planning appeal 3376174 at Plum Tree Cottage, Lyth, Kendal, LA8 8DD (Lake District) was dismissed on 28 May 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Authority's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether on the date of the LDC application the red edged land shown on the location plan accompanying the LDC application was lawfully a garden.

described as ‘land adjacent to Plum Tree Cottage being used as a garden’

Authority
Lake District
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
LA8 8DD

Main issues, as the Inspector framed them

  • Whether the Authority's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether on the date of the LDC application the red edged land shown on the location plan accompanying the LDC application was lawfully a garden

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate continuous ten-year use of the land as a garden, particularly for the period before 2017.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

No other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Lake District

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

  1. Notice varied and upheld6 July 20263356611
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  3. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  4. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  5. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.