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Dismissed5 June 20243319440

Elizabeth Ash Road, Longfield, Kent, DA3 8HA

Planning appeal 3319440 at Elizabeth Ash Road, Longfield, Kent, DA3 8HA (Sevenoaks District Council) was dismissed on 5 June 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded.

described as ‘The proposed use of this property is to be registered as a Children’s Home with Ofsted for occupation of up to 2 Children of 24hr care by staff members on a shift pattern which falls within Use Class C2 of the same Order

Authority
Sevenoaks District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Jones R
Postcode
DA3 8HA

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded

What decided it

The appellant failed to demonstrate on the balance of probabilities that the existing lawful use of the property was for Class C2 purposes, and therefore could not establish that the proposed use was exempted from being development under section 55(2)(f) of the 1990 Act.

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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