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Dismissed20 December 20223249023

Herwish, Martens Lane, High Halden, Ashford, Kent, TN26 3JP

Planning appeal 3249023 at Herwish, Martens Lane, High Halden, Ashford, Kent, TN26 3JP (Ashford Borough Council) was dismissed on 20 December 2022 by Inspector Murray J, following a hearing. The main issue, as the Inspector framed it: Whether the refusal of the LDC was well-founded, turning on whether the appellant has proved on the balance of probability that the use of the wooden shed changed to use as a dwelling on or before 17 February 2015 and that the use then continued without significant interruption for 4 years after the change.

the use of a wooden shed as a dwelling

Authority
Ashford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Change of use
Inspector
Murray J
Postcode
TN26 3JP

Main issues, as the Inspector framed them

  • Whether the refusal of the LDC was well-founded, turning on whether the appellant has proved on the balance of probability that the use of the wooden shed changed to use as a dwelling on or before 17 February 2015 and that the use then continued without significant interruption for 4 years after the change

What decided it

The appellant failed to prove, on the balance of probability, that the shed was used as a separate single dwellinghouse rather than as additional living accommodation shared with the mobile homes occupied by the extended family unit.

The decision letter

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More decisions in Ashford Borough Council

The authority’s record since 2016 · every decision in 2022

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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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