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Planning appeal decision

Dismissed11 July 20223290541

62 Eversfield Place, St Leonards-on-sea, TN37 6DB

Planning appeal 3290541 at 62 Eversfield Place, St Leonards-on-sea, TN37 6DB (Hastings Borough Council) was dismissed on 11 July 2022 by Inspector Sandra Prail, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate was well-founded.

use of first, second and third floor as a house in multiple occupation

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sandra Prail
Postcode
TN37 6DB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate was well-founded

What decided it

The discrepancy between the claimed six-unit use and the actual seven-unit occupation observed at site visit, combined with incomplete tenant and tenancy agreement evidence, meant the Appellants failed to discharge the burden of proof on the balance of probability that the use had been continuous for the required ten-year period.

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More decisions in Hastings

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

  1. Dismissed26 November 20253368376
    Flat 1B, 26 Eversfield Place, St. Leonards-on-Sea, TN37 6BY
  2. Notice upheld7 November 20253348260
    Flat 1, 1 Emmanuel Road, Hastings, TN34 3LB
  3. Quashed On Legal Grounds19 July 20243313499
    Land East of Links Cottage , 40 Tilekiln Lane, Hastings, East Sussex, TN35 5EN
  4. Quashed On Legal Grounds26 January 20243307588
    130 Bohemia Road, St Leonards-on-sea, TN37 6RP
  5. Notice upheld13 July 20223284071
    20 Winchelsea Lane, Hastings, East Sussex, TN35 4LG

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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