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Dismissed7 December 20233299554

41 Ayot Green, Ayot St Peter , Welwyn, AL6 9AB

Planning appeal 3299554 at 41 Ayot Green, Ayot St Peter , Welwyn, AL6 9AB (Welwyn Hatfield Council) was dismissed on 7 December 2023 by Inspector Watson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a Lawful Development Certificate was well-founded, turning on whether the use for which a certificate is sought was lawful on the date the application was made.

Certificate of lawfulness for the use of garage/annex as a second home (C3) with overnight accommodation, cooking, shelter and washing for personal use and family members

Authority
Welwyn Hatfield Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Watson S
Postcode
AL6 9AB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a Lawful Development Certificate was well-founded, turning on whether the use for which a certificate is sought was lawful on the date the application was made

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate continuous residential use of the building for the required four-year period, as the evidence indicated the building had been used for car storage during non-occupation periods, interrupting the continuity of residential use.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.