®Planning appeal decision
Land at The Three Horseshoes Inn , Little Cowarne, Hereford, Herefordshire , HR7 4RQ
Planning appeal 3311916 at Land at The Three Horseshoes Inn , Little Cowarne, Hereford, Herefordshire , HR7 4RQ (Herefordshire Council) was dismissed on 17 November 2023 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- HR7 4RQ
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.
What the Inspector cited
- Development plan policies
- Policy RA4 of Herefordshire Local Plan-Core Strategy
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.