The Olde Dairy, Awliscombe, HONITON, EX14 3QB

Authority: East Devon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: McGlone A

Main issues, as the Inspector framed them

Whether the appellant can show, on the balance of probabilities, that The Olde Dairy has been in use as an independent dwelling house for a continuous period of four years in breach of a planning condition, and as such, the time for enforcement action has expired or for any other reason

What decided it

The planning condition 2 restricted occupation of The Olde Dairy to the appellants as an annexe to Threshayes, and the functional relationship between the two buildings as a single planning unit was maintained throughout the occupation period, therefore no breach of condition occurred and no independent dwelling use was established.

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