Iris Cottage Elmley Road, Minster On Sea, SHEERNESS, ME12 3SS

described as ‘The occupancy of the existing dwelling in breach of Condition 4 of planning permission SW/90/12, by persons not employed or last employed in agriculture or forestry

Authority: Swale Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Householder developments
Inspector: King T

Main issues, as the Inspector framed them

Whether the dwelling approved under planning permission SW/90/0012 has been occupied without compliance with the requirements of condition 4 thereto, such that, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990 as amended

What decided it

The original 1990 planning permission had expired unimplemented before construction commenced in 2004, therefore the condition could not have been breached and the use was not lawful on the material date.

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