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Planning appeal decision

Notice varied and upheld17 January 20223275455

Frensham Meadow (Land Centered Coordinates 484327 139729), Bacon Lane, Churt, Farnham, GU10 2QB

Planning appeal 3275455 at Frensham Meadow (Land Centered Coordinates 484327 139729), Bacon Lane, Churt, Farnham, GU10 2QB (Waverley Borough Council) was allowed in part (a split decision) on 17 January 2022 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether the building was substantially completed in accordance with the planning permission or whether it was built as a self-contained dwelling from the outset.

failure to comply with a condition imposed on a planning permission ref WA2013/1129 granted on 19 February 2014

Authority
Waverley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Symons G
Postcode
GU10 2QB

Main issues, as the Inspector framed them

  • Whether the building was substantially completed in accordance with the planning permission or whether it was built as a self-contained dwelling from the outset
  • Whether the breach of condition 2 (preventing habitable accommodation use) occurred at least four years before the enforcement notice was issued
  • Whether the enforcement notice is excessive in its requirements
  • Whether 12 months is a reasonable compliance period

What decided it

The Building Control completion certificate and inspection records, which the Inspector found credible and telling, indicated the building was substantially completed in accordance with the approved plans showing ancillary accommodation rather than a dwellinghouse, undermining the appellants' account of when residential use commenced.

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The authority’s record since 2016 · every decision in 2022

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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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