2 Oak Cottages Maldon Road, Bradwell-On-Sea, Southminster, Essex, CM0 7HS

Authority: Maldon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Howell M

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawfulness in respect of the use of the workshop as an independent dwelling was well-founded, turning on whether the available evidence demonstrates that the building has been used as a separate independent dwelling for a continuous period of more than four years before the date of the application

What decided it

The balance of probabilities established by the statutory declarations and corroborating evidence that the workshop had been in continuous use as an independent dwelling for more than four years prior to the application date, with no contradictory evidence from the Council.

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