Land Adjoining 33 Millthorpe Road, Horsham, RH12 4ER

Planning appeal 3270905 at Land Adjoining 33 Millthorpe Road, Horsham, RH12 4ER (Horsham District Council) was allowed in part (a split decision) on 13 December 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the use of the building as a single dwellinghouse commenced on or before 10 February 2017 and continued for at least 4 years without substantial interruption (ground (d)).

without planning permission, change of use of a detached building with nil use to use as a single dwelling

Authority: Horsham District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Shields T
Postcode: RH12 4ER

Main issues, as the Inspector framed them

Whether the use of the building as a single dwellinghouse commenced on or before 10 February 2017 and continued for at least 4 years without substantial interruption (ground (d))
Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The Council's undisputed evidence that the use ceased in 2019 and recommenced thereafter meant the 4-year immunity period could not have been achieved prior to the enforcement notice being issued on 10 February 2021.

What the Inspector cited

Judgments: Gabbitas v Secretary of State for the Environment [1985] JPL 630

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

64 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Horsham District Council

The authority’s record since 2016 · every decision in 2021

Allowed29 October 20266008830
Staalcot Farm Stall House Lane, Stall House Lane, North Heath, RH20 2HR
Notice upheld16 September 20263373450
Development Site Lot 3, Kent Street, Cowfold, West Sussex, RH13 8BB
Notice varied and upheld15 September 20263355778
12 Great Lime Kilns, Southwater, Horsham, RH13 9JL
Notice upheld18 June 20263343866
Pengarth, 11 Nightingales, West Chiltington, Pulborough, West Sussex, RH20 2QT
Split Decision29 May 20263375768
2 Greenacres Farm West Chiltington Lane, Billingshurst, RH14 9DR

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.