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Planning appeal decision

Allowed25 October 20213271220

58 Coppermill Road, Wraysbury, Staines , TW19 5NS

Planning appeal 3271220 at 58 Coppermill Road, Wraysbury, Staines , TW19 5NS (Royal Borough of Windsor and Maidenhead) was allowed on 25 October 2021 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate was well founded.

the use of front annexe as a self-contained dwelling; and rear annexe and separate WC/shower room as a self-contained dwelling

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J
Postcode
TW19 5NS

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate was well founded
  • Whether a material change of use of the appeal buildings has occurred by reason of their use as self-contained dwellings separate from No 58
  • Whether any such use has continued substantially uninterrupted so as to be immune from enforcement action

What decided it

Building B was found to provide the essential facilities for day-to-day private domestic existence and the appellant demonstrated through tenancy agreements, affidavits and bank statements that it had been used as a self-contained dwelling substantially uninterrupted for more than four years prior to the application, whereas Building A lacked running water and other essential facilities and therefore could not be regarded as a self-contained dwelling.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307

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.

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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.

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