Stud Farm Cottage Lower Mead End Road, Sway, Lymington, SO41 6EL

Planning appeal 3243817 at Stud Farm Cottage Lower Mead End Road, Sway, Lymington, SO41 6EL (New Forest) was allowed on 3 December 2021 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: SO41 6EL

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.

What the Inspector cited

Judgments: 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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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.