The Willows Hackmans Lane, Purleigh, CHELMSFORD, CM3 6RJ

Authority: Maldon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: King T

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.

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