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Dismissed22 June 20213217799

The Bungalow, Avington Trout Fisheries, Lovington Lane, Avington, SO21 1BZ

Planning appeal 3217799 at The Bungalow, Avington Trout Fisheries, Lovington Lane, Avington, SO21 1BZ (South Downs) was dismissed on 22 June 2021 by Inspector Dudley G, by written representations. The main issue, as the Inspector framed it: Whether a material change of use has occurred by reducing the units from 3 to 2 and whether such change has become lawful by passage of time under section 55(3)(a) of the Town and Country Planning Act 1990.

the material change of use of a building previously used as a single dwelling to use as two separate single dwellinghouses by way of subdivision as per Section 55(3)(a), specifically not subject to any occupancy conditions

Authority
South Downs
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Dudley G
Postcode
SO21 1BZ

Main issues, as the Inspector framed them

  • Whether a material change of use has occurred by reducing the units from 3 to 2 and whether such change has become lawful by passage of time under section 55(3)(a) of the Town and Country Planning Act 1990

What decided it

Section 55(3)(a) does not apply to a reduction from three units to two units; the appellants failed to establish that such a reduction constitutes a material change of use that has become lawful by passage of time.

The decision letter

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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.

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