Orchard Lodge, Brinsea Batch, Congresbury, BS49 5JP

Planning appeal 3300997 at Orchard Lodge, Brinsea Batch, Congresbury, BS49 5JP (North Somerset Council) was dismissed on 6 December 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the authority's decision to refuse to grant an LDC was well-founded, turning on whether the appellant can show on the balance of probabilities that the relevant occupancy condition has been continuously breached for a period of 10 years prior to the date of the application for the LDC, such that the application of that condition would no longer be lawful.

Certificate of lawful use or development for existing use of Orchard Lodge without compliance with agricultural occupancy condition

Authority: North Somerset Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: agricultural · Other minor developments
Inspector: Jarratt P
Postcode: BS49 5JP

Main issues, as the Inspector framed them

Whether the authority's decision to refuse to grant an LDC was well-founded, turning on whether the appellant can show on the balance of probabilities that the relevant occupancy condition has been continuously breached for a period of 10 years prior to the date of the application for the LDC, such that the application of that condition would no longer be lawful

What decided it

The appellant has not demonstrated on the balance of probabilities that the occupancy condition has been continuously breached for 10 years, as she remains a dependent of the last person employed in agriculture and the condition's benevolent purpose protects her continued residence.

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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.