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Dismissed17 July 20233310765

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

Planning appeal 3310765 at St Augustine Villa, Esplanande, Ventnor, Isle of Wight, PO38 1TA (Isle of Wight Council) was dismissed on 17 July 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: 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.

Certificate of lawful use or development for existing use of the upper floor of the property as a residential dwelling

Authority
Isle of Wight Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Shields T
Postcode
PO38 1TA

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 decision letter

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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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