Planning appeal decision
The Willows Hackmans Lane, Purleigh, Chelmsford, CM3 6RJ
Planning appeal 3325229 at The Willows Hackmans Lane, Purleigh, Chelmsford, CM3 6RJ (Maldon District Council) was allowed on 24 June 2025 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether, on the balance of probability, the dwellinghouse has been occupied continuously without the agricultural occupancy condition being observed, thereby amounting to an unfettered residential use during the appellant's continued occupation, and if so, that the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990.
Use of dwelling without complying with agricultural occupancy condition imposed upon planning permission FUL/MAL/01/00044
- Authority
- Maldon District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- King T
- Postcode
- CM3 6RJ
Main issues, as the Inspector framed them
- Whether, on the balance of probability, the dwellinghouse has been occupied continuously without the agricultural occupancy condition being observed, thereby amounting to an unfettered residential use during the appellant's continued occupation, and if so, that the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990
What decided it
The comprehensive and objective evidence demonstrating continuous breach of the agricultural occupancy condition for more than ten years, combined with the absence of any contradictory evidence from the Council, established that the use was lawful under section 191(2) of the Town and Country Planning Act 1990.
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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