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Dismissed14 June 20213264714

Chalet Annexe, Brewers End, Dunmow Road, Takeley, Herts, CM22 6QJ

Planning appeal 3264714 at Chalet Annexe, Brewers End, Dunmow Road, Takeley, Herts, CM22 6QJ (Uttlesford District Council) was dismissed on 14 June 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the use of the annexe as a separate dwelling has continued for a period of four years or more prior to 22 April 2020, so as to be immune from enforcement action.

existing use of residential annexe as a separate dwelling

Authority
Uttlesford District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Merrett R
Postcode
CM22 6QJ

Main issues, as the Inspector framed them

  • Whether the use of the annexe as a separate dwelling has continued for a period of four years or more prior to 22 April 2020, so as to be immune from enforcement action

What decided it

The undisputed break in occupation during November 2016, when the annexe was vacant and undergoing maintenance, meant the use as a separate dwelling was not affirmatively established for the full four-year period required for immunity from enforcement.

What the Inspector cited

Judgments
Swale BC v FSS & Lee [2005] EWCA Civ 1568

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.

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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.