Belmore Cottage, Belmore Lane, Upham, SOUTHAMPTON, Hampshire, SO32 1NQ

without planning permission the material change of use of the building to use as a separate dwelling-house

Authority: South Downs
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hand S

Main issues, as the Inspector framed them

Whether the material change of use to a dwellinghouse took place more than 4 years before the issue of the enforcement notice (Ground d)
Whether the requirements of the enforcement notice, particularly the removal of rooflights and internal fixtures and fittings, are excessive (Ground f)

What decided it

The building was not a separate planning unit but remained ancillary to the main dwelling due to the functional link with the nanny's employment, and the use as an independent dwelling commenced in July 2019, within 4 years of the enforcement notice.

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