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Planning appeal decision

Dismissed7 April 20223258138

Land Rear of Little Buckhurst Barn, Hever Lane, Hever, TN8 7ET

Planning appeal 3258138 at Land Rear of Little Buckhurst Barn, Hever Lane, Hever, TN8 7ET (Sevenoaks District Council) was dismissed on 7 April 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990, and whether the building has been in use as a single dwellinghouse during the relevant four year period prior to the submission of the LDC application.

Use of the building as a dwellinghouse

Authority
Sevenoaks District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
King T
Postcode
TN8 7ET

Main issues, as the Inspector framed them

  • Whether, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990, and whether the building has been in use as a single dwellinghouse during the relevant four year period prior to the submission of the LDC application

What decided it

The appellants failed to demonstrate on the balance of probability that the building was in continuous use as a single dwellinghouse throughout the four-year period prior to 19 March 2016, as the evidence indicated casual rather than settled residential occupation during this period.

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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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