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Quashed On Legal Grounds5 May 20223271861

Loddon Court, Lambs Lane, Swallowfield, RG7 1JE

Planning appeal 3271861 at Loddon Court, Lambs Lane, Swallowfield, RG7 1JE (Wokingham Borough Council) was decided (quashed on legal grounds) on 5 May 2022 by Inspector Graham J, following an inquiry. The main issue, as the Inspector framed it: Whether at the date of the LDC application the caravan was being used for purposes ancillary to the residential use of the main house at Loddon Court, in which case there would have been no material change of use requiring planning permission, or whether the caravan was instead being used as a self-contained dwelling, which would amount to a material change of use requiring planning permission.

without planning permission, the material change of use of the land to a mixed use of dwellinghouse and the siting of a caravan (in the approximately [sic] position outlined in blue on the attached plan) for independent human habitation

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Graham J
Postcode
RG7 1JE

Main issues, as the Inspector framed them

  • Whether at the date of the LDC application the caravan was being used for purposes ancillary to the residential use of the main house at Loddon Court, in which case there would have been no material change of use requiring planning permission, or whether the caravan was instead being used as a self-contained dwelling, which would amount to a material change of use requiring planning permission
  • Whether the matters alleged in the enforcement notice (material change of use to a mixed use of dwellinghouse and siting of a caravan for independent human habitation) had occurred

What decided it

The Inspector's finding, on the balance of probabilities from the totality of the evidence, that the caravan was used as part of the household's overall living accommodation ancillary to the main dwelling rather than as an independent self-contained dwelling.

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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