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Planning appeal decision

Allowed15 July 20243326177

The Lodge, 37A Cavendish Road, Markyate, St. Albans, AL3 8PT

Planning appeal 3326177 at The Lodge, 37A Cavendish Road, Markyate, St. Albans, AL3 8PT (Dacorum Borough Council) was allowed on 15 July 2024 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether or not the Council's decision to refuse the certificate of lawful use was well founded.

a residential use for more than 4 years, using side gate and rear gate access

Authority
Dacorum Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hitchcock R
Postcode
AL3 8PT

Main issues, as the Inspector framed them

  • Whether or not the Council's decision to refuse the certificate of lawful use was well founded

What decided it

The Council's own finding in February 2019 that the site had been occupied for at least 4 years, combined with unchallenged evidence of Council Tax registration from May 2015 and responses to PCNs, established on the balance of probabilities that residential use had persisted for 4 years or more prior to the application date.

The decision letter

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More decisions in Dacorum

The authority’s record since 2016 · every decision in 2024

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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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