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Planning appeal decision

Allowed26 July 20223279553

The Sail Lofts, The Hythe, Maldon, Essex, CM9 5HN

Planning appeal 3279553 at The Sail Lofts, The Hythe, Maldon, Essex, CM9 5HN (Maldon District Council) was allowed on 26 July 2022 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the Council's decision to refuse to grant an LDC was well-founded.

the use of the Sail Loft - Class C3 dwellinghouse and the Granary - mixed use as amenity/recreation room and workshop

Authority
Maldon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Change of use
Inspector
Boffin D
Postcode
CM9 5HN

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to grant an LDC was well-founded.

What decided it

The Inspector's finding, on the balance of probabilities, that the change of use of the Sail Loft to a single dwellinghouse occurred before 9 August 2015 and continued without significant interruption for four years thereafter, rendering it immune from enforcement.

What the Inspector cited

Development plan policies
CC12
Judgments
FSS v Arun DC & Brown [2006] EWCA Civ 1172; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183; Moore v SSCLG & Suffolk Coastal DC [2012] EWCA Civ 2101

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.

See how each was applied

The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.