Land South East Of Willow Barn, Lower Bodwen, Redmoor, Bodmin, Cornwall, PL30 5AR

the use of a building as a separate self-contained residential dwelling unit

Authority: Cornwall Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Jarratt P

Main issues, as the Inspector framed them

Whether the authority's decision to refuse to grant a lawful development certificate was well founded and whether the four year rule or the ten year rule set out in S171B applies

What decided it

The appellant failed to prove on the balance of probabilities that a change of use from agricultural to residential occurred, and therefore the ten-year immunity period under S171B(3) applies, from which the building has not yet been immune.

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