Springfield, Church Lane, Headley, Epsom, Surrey, KT18 6LG

Planning appeal 3269098 at Springfield, Church Lane, Headley, Epsom, Surrey, KT18 6LG (Mole Valley District Council) was decided (quashed on legal grounds) on 1 February 2023 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the stable building to a dwelling had been continuous for a period of four years or more, such that enforcement action was time-barred under section 171B(2) of the 1990 Act (ground (d) appeal).

Material change of use of a stable building to a self-contained dwelling house

Authority: Mole Valley District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Moss J
Postcode: KT18 6LG

Main issues, as the Inspector framed them

Whether the material change of use of the stable building to a dwelling had been continuous for a period of four years or more, such that enforcement action was time-barred under section 171B(2) of the 1990 Act (ground (d) appeal)
Whether the use of the stable building as a single dwelling had been continuous for a period of four years or more as at the date of the lawful development certificate application, such that a certificate should be granted under section 191 of the 1990 Act (Appeal B)

What decided it

The statutory declarations from the appellant and corroborating witnesses, which the Inspector found precise and unambiguous and carrying significant weight due to the sanctions for false evidence, demonstrated on the balance of probability that the material change of use had been continuous for four years or more.

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.