The Old Stable, Lythe Lane, Petersfield, Hampshire, GU32 1AT

Planning appeal 3340543 at The Old Stable, Lythe Lane, Petersfield, Hampshire, GU32 1AT (South Downs) was dismissed on 10 October 2024 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Authority's decision to refuse to issue a certificate of lawful use or development was well founded, turning on whether enforcement action could have been taken against the change of use of the building to use as a single residential dwelling in breach of planning control, within the 4-year enforcement period under section 171B(2) of the Act.

Use of stable building as a single residential dwelling

Authority: South Downs
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Harbottle M
Postcode: GU32 1AT

Main issues, as the Inspector framed them

Whether the Authority's decision to refuse to issue a certificate of lawful use or development was well founded, turning on whether enforcement action could have been taken against the change of use of the building to use as a single residential dwelling in breach of planning control, within the 4-year enforcement period under section 171B(2) of the Act

What decided it

The presented evidence, particularly the ambiguous and imprecise contractor invoices and the March 2021 delivery of drainage and building materials, failed to demonstrate on the balance of probability that the building was made capable of residential use on or before the Relevant Date of 20 December 2019, and therefore could not establish that the change of use was instituted within the 4-year enforcement period.

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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.