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Planning appeal decision

Notice upheld29 December 20213278323

The Annex, 1 Eastcourt Avenue, Earley, Wokingham, RG6 1HH

Planning appeal 3278323 at The Annex, 1 Eastcourt Avenue, Earley, Wokingham, RG6 1HH (Wokingham Borough Council) was dismissed on 29 December 2021 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the extension was used as an independent dwelling for a continuous period of four years prior to the enforcement notice, such that the use had become lawful under section 174(2)(d).

a material change of use of existing single storey side extension to a single dwellinghouse

Authority
Wokingham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hand S
Postcode
RG6 1HH

Main issues, as the Inspector framed them

  • Whether the extension was used as an independent dwelling for a continuous period of four years prior to the enforcement notice, such that the use had become lawful under section 174(2)(d)
  • Whether the enforcement notice was properly served and the steps required are proportionate under section 174(2)(f)

What decided it

The appellant failed to demonstrate that the extension had been used as an independent dwelling for the required continuous four-year period prior to the enforcement notice, as all evidence including the appellant's own contemporaneous statements to the Council indicated the separate residential use commenced only in August 2020.

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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