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Dismissed9 May 20223291806

85 King Street, Dukinfield, SK16 4NQ

Planning appeal 3291806 at 85 King Street, Dukinfield, SK16 4NQ (Tameside Metropolitan Borough Council) was dismissed on 9 May 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to fish and chips and hot food takeaway shop on the ground floor and associated living accommodation on the top floor on or before 2 November 2011 and continued without significant interruption for ten years.

fish and chips and hot food takeaway shop on the ground floor and associated living accommodation on the top floor

Authority
Tameside Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Householder developments
Inspector
Phillips A
Postcode
SK16 4NQ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to fish and chips and hot food takeaway shop on the ground floor and associated living accommodation on the top floor on or before 2 November 2011 and continued without significant interruption for ten years

What decided it

The material change of use in 2016 when the first floor accommodation was subdivided restarted the planning clock, meaning the ten-year period required for lawfulness had not been satisfied by the application 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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