®Planning appeal decision
Dismissed10 October 20243340543
The Old Stable, Lythe Lane, Petersfield, Hampshire, GU32 1AT
- Authority
- South Downs
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Harbottle M
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.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.