28 Beachside Bungalows Fort Warden Road, TOTLAND BAY, PO39 0DA

a permanent residential dwelling (C3)

Authority: Isle of Wight Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Symons G

Main issues, as the Inspector framed them

Whether the evidence shows there has been a ten-year breach of the holiday occupancy/short let condition during the time from 2005 onwards up until the date of the LDC application, such that the use of the property as a permanent C3 dwelling has become lawful

What decided it

The appellant failed to provide sufficient evidence to demonstrate on the balance of probabilities that the property had been occupied as a permanent C3 dwelling in breach of the occupancy condition for a substantially uninterrupted ten-year period.

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