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Allowed8 July 20213268425

Windyridge Nursery, Newgatestreet Road, Goffs Oak, Waltham Cross, EN7 5RU

Planning appeal 3268425 at Windyridge Nursery, Newgatestreet Road, Goffs Oak, Waltham Cross, EN7 5RU (Broxbourne Borough Council) was allowed on 8 July 2021 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether, on the balance of probability, the use applied for had subsisted for four years by the date of the LDC application (6 June 2020), such that no enforcement action may be taken and the use is lawful under s.191(2)(a) of the Town and Country Planning Act 1990.

use of a former domestic garage and attached timber building and adjoining grassed amenity areas and access, as a single dwellinghouse and associated residential curtilage

Authority
Broxbourne Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Symons G
Postcode
EN7 5RU

Main issues, as the Inspector framed them

  • Whether, on the balance of probability, the use applied for had subsisted for four years by the date of the LDC application (6 June 2020), such that no enforcement action may be taken and the use is lawful under s.191(2)(a) of the Town and Country Planning Act 1990

What decided it

The Council's own planning officer report and photographic evidence confirmed consistent residential use for more than four years, with no contradictory evidence from the Council or any other source, satisfying the four-year test under s.171B(2).

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

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