Land at The Mushroom Farm, Rockbourne, SP6 3NS

a dwellinghouse

Authority: New Forest District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Hand S

Main issues, as the Inspector framed them

Whether the building known as The Lodge has been used as an independent dwelling or as ancillary overflow accommodation to the main house

What decided it

On the balance of probability, the building has been occupied as a separate dwelling for more than 4 years, satisfying the statutory test for lawfulness under section 191 of the Town and Country Planning Act 1990.

Judgments cited: Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142

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