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Planning appeal decision

Dismissed1 October 20213270081

The Chestnuts , Martlesham Road, Little Bealings, Suffolk , IP13 6LX

Planning appeal 3270081 at The Chestnuts , Martlesham Road, Little Bealings, Suffolk , IP13 6LX (East Suffolk) was dismissed on 1 October 2021 by Inspector Savage M, 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, which turns on whether or not a material change of use has occurred.

use of the site edged blue on the plan by parking vehicles

Authority
East Suffolk
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Savage M
Postcode
IP13 6LX

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, which turns on whether or not a material change of use has occurred

What decided it

The scale of the vehicle parking activity and associated customer visits and vehicle movements were significantly greater than would be incidental to the residential use of the dwellinghouse, constituting a material change of use.

What the Inspector cited

Judgments
Hertfordshire CC v SSCLG [2012] EWHC 277

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.

See how each was applied

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.

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The Chestnuts , Martlesham Road, Little Bealings…: appeal dismissed