®Planning appeal decision
Dismissed21 October 20213279490
Whitepits Lodge, Kingston Deverill, Warminster, Wiltshire, BA12 7HD
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
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.
Judgments cited: FSS v Arun DC [2006] EWCA Civ 1172
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.