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Planning appeal decision

Dismissed17 July 20233310765

St Augustine Villa, Esplanande, Ventnor, Isle of Wight, PO38 1TA

Authority
Isle of Wight Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Shields T

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse a certificate of lawful use or development was well founded, turning on whether the uppermost floor of the property has been in continuous use as a separate dwelling for at least 4 years prior to 24 February 2022

What decided it

The evidence did not establish that the upper floor had been in continuous use as a separate residential dwelling independent from the guesthouse use for the requisite 4-year period, as it remained part of a single planning unit with shared utilities and occupation only by the proprietor and family.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.