85 King Street, Dukinfield, SK16 4NQ

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

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.

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