®Planning appeal decision
Dragon Fires, Grange Court Road, Adsett, WESTBURY-ON-SEVERN, GL14 1PJ
‘the use and occupancy of a bungalow, originally granted permission for holiday accommodation, as a permanent dwelling’
- Authority
- Forest of Dean District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Jones D
Main issues, as the Inspector framed them
- The main issue is whether the Council's decision to refuse to grant a lawful development certificate for the use and occupancy of the bungalow as a permanent dwelling was well-founded.
What decided it
The appellant's sworn statutory declaration and witness evidence established, on the balance of probabilities, that the residential use had continued in breach of condition e) for the requisite ten-year period, after which the accrued right was not lost.
Judgments cited: FSS v Arun DC & Brown [2006] EWCA Civ 1172; [2007] JPL 237; Gabbitas v Secretary of State for the Environment [1985] JPL 630; R (Ocado) v Islington BC [2021] EWHC 1509 (Admin); Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Welwyn Hatfield v SSCLG v Beesley [2011] UKSC 15
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.