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Dismissed11 August 20223294907

Ashbrook Stables, Main Road, Colden Common, Winchester, SO21 1TJ

Planning appeal 3294907 at Ashbrook Stables, Main Road, Colden Common, Winchester, SO21 1TJ (Winchester City Council) was dismissed on 11 August 2022 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: whether the Council's refusal to grant a certificate of lawfulness for the existing use was well founded.

Use of a building as a single, separate and independent dwellinghouse (Use Class C3), with associated vehicular access and domestic curtilage in excess of four years

Authority
Winchester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
SO21 1TJ

Main issues, as the Inspector framed them

  • whether the Council's refusal to grant a certificate of lawfulness for the existing use was well founded

What decided it

The building was erected unlawfully and used as a dwelling from the outset, triggering the 10-year enforcement time limit under section 171B(3) rather than the 4-year test, which the appellant cannot satisfy.

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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