Flat 2, Oddicombe Hall, Babbacombe Downs Road, Torquay, TQ1 3LF

described as ‘use as a single dwellinghouse’

Authority: Torbay Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Willows P

Main issues, as the Inspector framed them

Whether it has been demonstrated, on the balance of probability, that use as a single dwellinghouse had, at the time of the application, become lawful due to the passage of time

What decided it

The appellants failed to demonstrate, on the balance of probability, that the property was actually put to continuous use as a Class C3 dwellinghouse throughout a relevant 4-year period, particularly given the significant 5-month gap in occupation with no evidence of use.

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