Brownhills, Brownhills Road, Rushton, Tarporley, CW6 9BQ

the use as two separate dwellinghouses of a building previously used as a single dwellinghouse

Authority: Cheshire West and Chester
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Moore D

Main issues, as the Inspector framed them

Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, specifically whether the appellant has shown on the balance of probabilities that a material change of use from a single dwellinghouse to two separate dwellinghouses occurred ten or more years prior to the application date and continued without significant interruption

What decided it

The appellant demonstrated on the balance of probabilities that the material change of use to two separate dwellinghouses occurred more than ten years before the application date and continued without significant interruption, making enforcement action time-barred.

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