Whitepits Lodge, Kingston Deverill, Warminster, Wiltshire, BA12 7HD

Planning appeal 3279490 at Whitepits Lodge, Kingston Deverill, Warminster, Wiltshire, BA12 7HD (Wiltshire Council) was dismissed on 21 October 2021 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant a certificate of lawful use or development was well founded, turning on whether the existing use was lawful as at the date of the application by reason of there having been a continuous breach of Condition 3 over the relevant enforcement period.

described as ‘Use of converted garage as accommodation for use by owners' family, subsequently let out to a lodger over ten years ago

Authority: Wiltshire Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Bond V
Postcode: BA12 7HD

Main issues, as the Inspector framed them

Whether the Council's deemed refusal to grant a certificate of lawful use or development was well founded, turning on whether the existing use was lawful as at the date of the application by reason of there having been a continuous breach of Condition 3 over the relevant enforcement period

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence of continuous breach of Condition 3 over any four-year period, as the tenancy agreements alone were not supported by substantive corroborating evidence and large gaps between them meant the breach could have ceased and restarted.

What the Inspector cited

Judgments: FSS v Arun DC [2006] EWCA Civ 1172

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.