®Planning appeal decision
Glenthorne, Five Ways Road, Hatton, Shrewley, Warwick, CV35 7HZ
Planning appeal 3339528 at Glenthorne, Five Ways Road, Hatton, Shrewley, Warwick, CV35 7HZ (Warwick District Council) was dismissed on 25 February 2025 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the appeal building had acquired a lawful use as a separate residential dwelling by the passage of time under section 171B(2) of the Town and Country Planning Act 1990 (the four-year rule for change of use to a single dwellinghouse).
Certificate of lawful use or development for the existing use of a single storey H-shaped plan brick building as a single private dwellinghouse (Use Class C3)
- Authority
- Warwick District Council
- Appeal type
- major · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Whalley J
- Postcode
- CV35 7HZ
Main issues, as the Inspector framed them
- Whether the appeal building had acquired a lawful use as a separate residential dwelling by the passage of time under section 171B(2) of the Town and Country Planning Act 1990 (the four-year rule for change of use to a single dwellinghouse)
What decided it
The appellant failed to prove continuous occupation of the appeal building as a separate residential dwelling for the full four-year period required by section 171B(2), as periods of non-occupancy (including holidays) and the mixed use of the building meant the four-year immunity period was not achieved.
What the Inspector cited
- Judgments
- Nelsovil v SSE [1962] 13 P&CR 151; Gabbitas v SSE & Newham BC [1985] JPL 630; Ravensdale Ltd v SSCLG; Thurrock BC v SSETR & Holding (COA 27.2.02, J 1080); Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Islington LBC v SSHCLG & Maxwell Estates [2019] EWHC 2691 (Admin); Welwyn Hatfield Council v SSCLG & Beesley [2011] UKSC 15
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.