Annex at Bondeni Station Road, Kingham, CHIPPING NORTON, OX7 6UH

a residential annex in use as a separate dwelling to Bondeni

Authority: West Oxfordshire District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hand S

Main issues, as the Inspector framed them

Whether the annex has been in continuous breach of the condition requiring it to remain in ancillary use to the main dwelling for a period of ten years or more

What decided it

The long gaps in the rental record when the annex was vacant meant the Council could not have issued an enforcement notice during those periods, breaking the continuity of breach required for a certificate of lawful use.

Judgments cited: Basingstoke and Deane BC v SSCLG & Stockdale [2009] EWHC 1012 (Admin); [2009] JPL 1585; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; [2002] JPL 1278

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