®Planning appeal decision
Dismissed1 August 20223286589
Roberts Acre Farm, Bridford, EXETER, EX6 7HH
the change of use of part of a building (formerly used for agriculture) to a C3 use as a dwelling
- Authority
- Dartmoor
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Jarratt P
Main issues, as the Inspector framed them
- Whether the authority's decision to refuse to grant an LDC was well-founded, including whether the building represents a new building or a conversion of the existing structure, whether planning permission existed for the works, and whether following its completion there was an intermediate material change of use which was subsequently converted to a dwelling.
What decided it
The Inspector found as a matter of fact and degree that the Old Parlour was a new building rather than a conversion, and that its use as a dwellinghouse had existed for less than 10 years, so no immunity from enforcement had accrued.
Judgments cited: Hibbitt v SSCLG [2016] EWHC 2853 Admin; Oates v SSCLG [2018] EWCA Civ 2229; R(John Williams and Others) v Forest of Dean DC [2018] EWHC 2409
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.