43 Wilmington Way, Twydall, Gillingham, Kent, ME8 6JB

Without the benefit of planning permission the erection of a single storey dwelling house within the side curtilage of the property

Authority: Medway Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Satheesan R

Main issues, as the Inspector framed them

Whether the matter stated in the enforcement notice, being the erection of a single storey dwellinghouse within the side curtilage, has occurred
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The building's self-contained layout with independent facilities for day-to-day living (cooking, sleeping, washing), separate utilities, independent entrance, and separate private garden demonstrated it constituted a dwelling rather than an annex, and the appellant failed to discharge the burden of proof that the breach had not occurred.

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