The Bungalow The Causeway, Mark, HIGHBRIDGE, TA9 4QJ

for the existing use of dwelling as residential without any agricultural or horticultural tie. Summary

Authority: Sedgemoor District Council *
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Change of use
Inspector: Blackwell J

Main issues, as the Inspector framed them

Whether any failure to comply with condition 2 of the Original Permission was immune from enforcement, and therefore lawful for the purpose of the 1990 Act, as at the date of application

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence to demonstrate a continuous and uninterrupted ten-year breach of condition 2, particularly given gaps in evidence regarding the Gowans' employment history and indications of possible involvement in the horticultural business.

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