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Planning appeal decision

Allowed25 October 20213271220

58 Coppermill Road, Wraysbury, Staines , TW19 5NS

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

Authority
Royal Borough of Windsor and Maidenhead
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.