Appeal Decisions

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Inquiry held on 26 August 2009 tA0«VI>iq
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CammtiiilllM *nd Local Ccv«mm«n| *ipla«fc« 1009

Appeal fiefs: APP/Q449VC/09/2098478 - 80

Land at Gillthwalte Riga, Llcfcbarrovr Road, Wlfldvrniere, LA23 2NQ
• T>m ■!<■!, <U a*» ~miK undfii Udnvi I )4 d m« Town iod Country AcI |440 it jimirdud by (ha
PlJfltiiii4 J(id CdmporiKhin Act 1991.
• The aooeais a-e nude By Hr Cain Br>w. M* Jamet Meld ft. uv Cdirpjny SMmsry uhcund LWSSCJC<C ud again* an
enfoneernent notice <aued by the La*»e Qsrnct KaiKmsf Park Authority U.0NM |
■ iTNM't 'tftrtflR ■) E|,200B.100]]I
• Th* nolitt «M i»urt on II Janury MM-
• Th* D'Miti oi fanning control Afcallagad in |h« natioi 6 wlOioul planning paimlttlafi, mal«ilal fhanqa
of uia of land and building* to a mliad u«a dMnpilflng a boat rapalt (luiinaia, boat itocaga and a
Harden nutiarv indudlnQ a Urdtrjpt gjidanlda contractor* (tore.
• "he 'tco'cmcnti cf me r«Kr are to permanently cease to u« the land for a Mat repair BUUHMS and for boat storage
• Th* ot«od for compliance «i|A the fw«m«(itt is 3 months
■ The acoMit all p<o<aadii^ no tim (jioundi Mil oul in «aki<m 1?a(2)(j), <C) fk |d) of lha Tn«i*> and Couf*4ry
fljflriflfl Act 1940 at Jirdrddd.
Formal Decision; 1 correct the notice at cedlan 3 by the deletion of all words and Che substitution
o1 the following allegation:
'M^jfliouf plannkig permiciion, material ctiang* of t/zo of land and buildings to a mixed use comp nano a boat repair
business. tejt stor&QC, a garden nursery and a landscape gardening contractors depof.“
Subject thereto, I dlcmicc the appoals and uphold the enforcement notice at co corrected.
1 refuse to grant planning permission on the applications deemed to have been made under
section 17 7(3] of the 1990 Act as amended.
2. tns appear rentes to land located alongside a narrow country road in sen* woooed hill country a
short way to tno oast of VY.ndermc^e Tne fit* ks an elongated parcel tying .alongside the southern edge cf the
wooded grounds of Hejthvijtte Manor, a large country house now suD-diviaed Into 4 dwellings The land nses
across the site from Lickbarrow Road, and falls into a manlier at comportment* An access way fallows a Wie
centrally through the site The northern Site boundary with the Manor is marked by a substantial stone wan To
the south «s a tail hedo* of nvxed speeds, predominantly cf Beech with some tvawrtiom and noliy
3. A small area nearest to the road <s level and nvainiy hard surfaced Ai trie date of the inqv*y 4 was
Httie used for storage other than of logs, but tnere were Days for tne ouiv storage oi matertaH Beyond a
planted ctnp placed across the wtdth of the site and composing a number of trees and laurel hedging, was a
central hard surfaced portion used far the storage of various items One area dose to its north-western earner
was surfaced with plastic and used for the storage of containerised tiees and stvubs The rema-nder of the
northern side of this pan was and oemg used to store a wde range of equipment *nq machinery concocted
with horticultures landscape gardening. There wero afco about ]0 boat trailers oi varying slits on tNs area, lhe
ether nde of the track was being used mainly for storage of small boats. Three Boats were stored m the open
with various trailers. There was also a moveable plastic dad shefter, •iskie which was a traditional 'char boat'
undergoing repair. In the top corner of this cential section were 2 buildings o< masonry construction. One
stone and s*ate Curding was the onqinai potting sued associated with this site at a ktcnen garden attached to
Heathwa’te Manor it was being u^d for tne storage of small Itcmc of materials, tools and equipment. A more
modem bloclrwork built 'potting shed' was fitted out witn benches and racks, and was used for similar goods.
Immediately ta the east of these 2 buildngs was a sizeable, plastic sheet clad polytunnel.

1 it* nouiry evidence was taken on oat*