®Planning appeal decision
Caldecote Mill, Caldecote Lane, Newport Pagnell, MK16 0HA
Planning appeal 3279878 at Caldecote Mill, Caldecote Lane, Newport Pagnell, MK16 0HA (Milton Keynes Council) was dismissed on 3 December 2021 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated, on the balance of probability, that a material change of use of 'The Annexe' (a former agricultural building) to use as a separate dwellinghouse in Class C3 has taken place and that the building has been used as such for a continuous 4-year period immune from enforcement action.
Certificate of lawful use or development for use of the building known as 'The Annexe' (a former agricultural building) as a separate Class C3 dwellinghouse
- Authority
- Milton Keynes Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wharton T
- Postcode
- MK16 0HA
Main issues, as the Inspector framed them
- Whether the appellant has demonstrated, on the balance of probability, that a material change of use of 'The Annexe' (a former agricultural building) to use as a separate dwellinghouse in Class C3 has taken place and that the building has been used as such for a continuous 4-year period immune from enforcement action
What decided it
The appellant failed to provide precise and unambiguous evidence demonstrating that the appeal building had been used as a completely separate Class C3 dwellinghouse for the necessary continuous 4-year period, as the physical and functional links to the main dwelling remained unchanged and the evidence suggested continued ancillary use rather than independent occupation.
What the Inspector cited
- Judgments
- Miller v Minister of Pensions [1947] 2 ALL ER 372; Gabbitas v SSE and Newham LBC [1985] JPL 630; Burdle v Secretary of State for the Environment [1972]; Uttlesford District Council v Secretary of State for the Environment & White [1992]
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.