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Dismissed25 April 20223286405

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

Planning appeal 3286405 at Iris Cottage Elmley Road, Minster On Sea, Sheerness, ME12 3SS (Swale Borough Council) was dismissed on 25 April 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
ME12 3SS

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.

The decision letter

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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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