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Planning appeal decision

Allowed25 August 20233310197

551B Oxford Road, Reading, RG30 1HA

Planning appeal 3310197 at 551B Oxford Road, Reading, RG30 1HA (Reading Borough Council) was allowed on 25 August 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown on the balance of probability that the use of the building as a self-contained dwelling was lawful at the date of the application.

described as ‘The existing outbuilding at the rear of the address has been used as a separate dwelling house for more than 6 years (circa 20 years)

Authority
Reading Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hawkins S
Postcode
RG30 1HJ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown on the balance of probability that the use of the building as a self-contained dwelling was lawful at the date of the application

What decided it

The appellant's evidence, particularly the financial records showing continuous rental income from 14 September 2011 to 26 April 2017, demonstrated that the building had been in use as a self-contained dwelling for more than four years before the application date, placing the use beyond the reach of enforcement action.

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.

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