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Dismissed27 July 20213261579

Black Oast, Godfreys Grave, Hernhill, Forstall, Faversham, ME13 9JG

Planning appeal 3261579 at Black Oast, Godfreys Grave, Hernhill, Forstall, Faversham, ME13 9JG (Swale Borough Council) was dismissed on 27 July 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the use of the building as a permanent and full-time dwellinghouse was lawful on the date of the application.

general residential purposes as a permanent and full-time dwelling house

Authority
Swale Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Thomas N
Postcode
ME13 9JG

Main issues, as the Inspector framed them

  • Whether the use of the building as a permanent and full-time dwellinghouse was lawful on the date of the application

What decided it

The breach of condition 2 was not continuous for the required 10-year period because the building was used as a holiday let from August 2018 to 2020, interrupting the permanent residential use.

What the Inspector cited

Judgments
Handoll & Suddick v Warner & Goodman & Street & East Lindsay DC [1995] JPL 930; Kerrier District Council v SSE (1981) 41 P&CR 284; First Secretary of State v Arun District Council & Brown [2006] EWCA Civ 1172; Moore v SSCLG & Suffolk Coastal DC [2012] EWCA Civ 2101

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.