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

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

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.

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