®Planning appeal decision
Stud Farm Cottage Lower Mead End Road, Sway, LYMINGTON, SO41 6EL
Without planning permission the material change of use of an outbuilding shown in the approximate position shaded blue on the plan attached to this Notice to an independent unit of residential accommodation (C3 dwelling)
- Authority
- New Forest
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Curnow R
Main issues, as the Inspector framed them
- In respect of Appeal A, whether the decision of the New Forest National Park Authority (NPA) to refuse to issue a certificate of lawfulness was well-founded.
- In respect of Appeal B, the matter for consideration in a Ground (d) appeal is whether, at the time when the notice was issued, enforcement action could be taken in respect of any breach of planning control which may be constituted by the matters alleged in the Notice.
What decided it
The Inspector found, on the balance of probability, that the barn had been used continuously as an independent dwellinghouse for a period exceeding four years before the relevant dates, rendering the use immune from enforcement.
Judgments cited: Gravesham BC v SSE & O’Brien [1983] JPL 306; Islington LBC v SSHCLG & Maxwell Estates [2019] EWHC 2691 (Admin); Uttlesford DC v SSE & White [1992] JPL 171; Trustees of Castell-y-Mynach Estate v Taff-Ely BC [1985] JPL 40; Bramall v SSCLG [2011] JPL 1373
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.