Pennys Peace Cottage Mackley Lane, Norton St. Philip, BATH, BA2 7NL

Authority: Somerset Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Allen M

Main issues, as the Inspector framed them

Whether the deemed refusal of the certificate of lawful use or development is well-founded, having particular regard to whether the stated condition has been breached for a period of at least 10 years

What decided it

The appellant proved on the balance of probabilities that the property had been occupied in breach of the occupancy condition for 10 years preceding the application, with periods of vacancy being insufficient to break the continuity of the breach.

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