Little Wycke Farm, Blind Lane, Mundon, ESSEX, CM9 6PS

described as ‘Occupation of Little Wycke Farm in breach of condition 3 of MAL/191/77 and condition 4 of 00/00353/FUL for a continuous period of time in excess of ten years.’

Authority: Maldon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: King T

Main issues, as the Inspector framed them

Whether, on the balance of probability, the use was lawful within the meaning of section 191(3) of the Town and Country Planning Act 1990

What decided it

The appellants discharged the burden of proof by providing compelling evidence, supported by credible corroboration, that the agricultural occupancy condition had been breached continuously for over ten years, and the Council could not credibly rebut this evidence.

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