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Dismissed6 July 20213253538

Slaugham Garden Nursery, Staplefield Road, Slaugham, Haywards Heath, RH17 6AG

Planning appeal 3253538 at Slaugham Garden Nursery, Staplefield Road, Slaugham, Haywards Heath, RH17 6AG (Mid Sussex District Council) was dismissed on 6 July 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the use of the barn as a dwellinghouse was lawful on the date of application (8 October 2019), requiring demonstration that the change of use occurred at least 4 years prior (on or before 8 October 2015) and was sustained for the full 4-year period.

use of barn as a dwellinghouse

Authority
Mid Sussex District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Thomas N
Postcode
RH17 6AG

Main issues, as the Inspector framed them

  • Whether the use of the barn as a dwellinghouse was lawful on the date of application (8 October 2019), requiring demonstration that the change of use occurred at least 4 years prior (on or before 8 October 2015) and was sustained for the full 4-year period

What decided it

The contemporaneous utility bills and other extrinsic evidence contradicted the statutory declarations and indicated business rather than residential use for at least part of the required period, and the evidence did not clearly establish continuous residential use for the full 4 years prior to the application date.

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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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