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

Planning appeal 3313618 at 2 Oak Cottages Maldon Road, Bradwell-On-Sea, Southminster, Essex, CM0 7HS (Maldon District Council) was allowed on 17 November 2023 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: 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.

Use of workshop building as an independent dwelling

Authority: Maldon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Howell M
Postcode: CM0 7HS

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.

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.