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Planning appeal decision

Dismissed28 July 20223288463

The Paddock, Magpie Hall Road, Kingsnorth, Ashford, TN26 1HF

Planning appeal 3288463 at The Paddock, Magpie Hall Road, Kingsnorth, Ashford, TN26 1HF (Ashford Borough Council) was dismissed on 28 July 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the LPA's decision to refuse the LDC application was well-founded.

use of barn as residential dwelling

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Whitfield J
Postcode
TN26 1HF

Main issues, as the Inspector framed them

  • Whether the LPA's decision to refuse the LDC application was well-founded

What decided it

The appellant failed to provide sufficiently precise, unambiguous and corroborated evidence to demonstrate on the balance of probabilities that the material change of use to residential dwelling occurred more than four years before the application date.

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More decisions in Ashford Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Allowed26 March 20263361039
    Land North of The Meads, Huntstreet, Crundale, Canterbury, Kent, CT4 7EL
  2. Notice upheld6 March 20263335089
    Mai Barn, Romden Road, Smarden, Ashford, TN27 8QZ
  3. Quashed On Legal Grounds10 November 20253308959
    Part of the Barn/Shed Building at The Paddock, Magpie Hall Road, Stubbs Cross, Ashford, Kent, TN26 1HF
  4. Notice upheld4 June 20253352530
    Elvey Cottage, Westwell, Ashford, TN25 4JP
  5. Notice varied and upheld21 May 20253358367
    Little Paddock Farm, Canterbury Road, Challock, Ashford, TN25 4DW

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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