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Planning appeal decision

Dismissed28 February 20233279523

Castle Residence, 6 Windsor Road, Worthing, BN11 2LX

Planning appeal 3279523 at Castle Residence, 6 Windsor Road, Worthing, BN11 2LX (Worthing Borough Council) was dismissed on 28 February 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated their case for lawfulness on the balance of probabilities.

described as: Existing use for the provision of housing for those in need of emergency accommodation (temporary)

Authority
Worthing Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
BN11 2LX

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated their case for lawfulness on the balance of probabilities

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence, including sworn statements, to demonstrate on the balance of probabilities a continuous 10-year period of use for temporary emergency accommodation, particularly given contradictory evidence from the previous owner and material changes arising from the 2020 conversion works.

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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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