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Planning appeal decision

Notice varied and upheld9 August 20243340119

The Prospect, Bosbury, Ledbury, Herefordshire, HR8 1QL

Planning appeal 3340119 at The Prospect, Bosbury, Ledbury, Herefordshire, HR8 1QL (Herefordshire Council) was allowed in part (a split decision) on 9 August 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the building to a single dwellinghouse had been in existence for four or more years prior to the first enforcement notice and had continued without significant interruption (ground (d)).

Without planning permission, the erection of a wooden building for residential purposes

Authority
Herefordshire Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hanson S
Postcode
HR8 1QL

Main issues, as the Inspector framed them

  • Whether the material change of use of the building to a single dwellinghouse had been in existence for four or more years prior to the first enforcement notice and had continued without significant interruption (ground (d))
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The appellant failed to discharge the burden of proof that the building had been used as a single dwellinghouse continuously for four or more years prior to 30 May 2019, with evidence indicating the material change of use most likely commenced in Spring 2022 when the building was marketed for holiday accommodation.

The decision letter

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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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