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Dismissed11 October 20243340507

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

Planning appeal 3340507 at Flat 2, Oddicombe Hall, Babbacombe Downs Road, Torquay, TQ1 3LF (Torbay Council) was dismissed on 11 October 2024 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
TQ1 3LF

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.

The decision letter

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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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