Brathen, The Thorpe, Greystoke, Penrith, Cumbria, CA11 0TJ

use as a single dwellinghouse. Summary

Authority: Eden District Council *
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Freer P

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded, specifically whether the use of the outbuilding as a dwellinghouse would have been lawful on the date the application was made

What decided it

The character of the use of the outbuilding as short-term holiday accommodation with frequent occupier turnover and association with the main B&B building is materially different to use as a dwellinghouse, and use as a dwellinghouse has not occurred at all.

Judgments cited: Gravesham BC v SSE & O'Brien [1983] JPL 306; Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202

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