®Planning appeal decision
Land at The Three Horseshoes inn , Little Cowarne, Hereford, Herefordshire , HR7 4RQ
for the residential occupation of the dwelling and detached garage approved under Planning Permission 153174 granted 3 February 2016 separately from the property known as The Three Horseshoes Inn on the basis that Condition 4 of planning Permission 153174 is unlawful, invalid and unenforceable
- Authority
- Herefordshire Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the residential occupation of the dwelling and detached garage separately from The Three Horseshoes Inn is lawful, having regard to Condition 4 of Planning Permission 153174 which requires the dwelling and garage not to be sold, leased or let separately from the inn
What decided it
The appellant failed to demonstrate that the breach of Condition 4 had continued for the requisite ten-year period prior to the application date, thereby failing to establish immunity from enforcement action as required by section 191(3) of the Town and Country Planning Act 1990.
Plan policies cited: Policy RA4 of Herefordshire Local Plan-Core Strategy
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.