®Planning appeal decision
Stuarts Lodge, South Lodge Road, Stelling Minnis, Kent, CT4 6BL
Planning appeal 3259875 at Stuarts Lodge, South Lodge Road, Stelling Minnis, Kent, CT4 6BL (Folkestone and Hythe District Council) was allowed on 5 October 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the building was substantially completed on or before 12 April 2015, so as to meet the immunity period from enforcement action under s171B(1) of the 1990 Act.
described as ‘retention and use of ‘Building 2’ as self-contained dwelling. The building has been in existence on the site and used as a self-contained dwelling for a period in excess of four years, as described in the statement by Dylan Oliver Hyson and the supporting letter. The building and the area surrounding it that has been used for the purpose is identified on the submitted location plan
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
- Postcode
- CT4 6BL
Main issues, as the Inspector framed them
- Whether the building was substantially completed on or before 12 April 2015, so as to meet the immunity period from enforcement action under s171B(1) of the 1990 Act
- Whether the use of the land on which Stuarts Lodge has been constructed materially changed to residential use on or before 12 April 2009, and then continued without material interruption for a period of at least 10 years thereafter, so as to meet the immunity period from enforcement action under s171B(3) of the 1990 Act
What decided it
The balance of probabilities evidence, including aerial photographs, Council letters, and correspondence addressed to the previous occupant, established that both the building and the residential use of the land had acquired lawfulness through the passage of time before the application date.
The decision letter
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With an account
What an account adds to this decision
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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.