Chapel View, Millershill Lane, Consett, Durham, DH8 9AX

Planning appeal 3268870 at Chapel View, Millershill Lane, Consett, Durham, DH8 9AX (Durham County Council) was dismissed on 12 July 2021 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

Certificate of lawful use or development for: (1) permanent residential occupancy of site (caravan occupation for over 10 years); (2) internal alterations to create one bedroom first floor flat for permanent residential occupancy in association with green burial business; (3) ancillary use of ground floor parts (kitchen, foyer, lobby) associated with residential use; (4) unauthorised building works to upper floor and interior ground floor changes; (5) unauthorised exterior building works not in accordance with planning conditions

Authority: Durham County Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Minor Dwellings
Inspector: Gray E
Postcode: DH8 9HF

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

What decided it

The appellant failed to provide sufficient evidence that he had continuously occupied either a caravan or a self-contained dwellinghouse on the site for the required ten-year period to establish lawfulness by long use.

What the Inspector cited

Judgments: Gravesham BC v SSE & O'Brien [1983] JPL 306

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 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.