Dragon Fires, Grange Court Road, Adsett, Westbury-on-Severn, GL14 1PJ

Planning appeal 3342313 at Dragon Fires, Grange Court Road, Adsett, Westbury-on-Severn, GL14 1PJ (Forest of Dean District Council) was allowed on 16 December 2024 by Inspector Jones D, following an inquiry. The main issue, as the Inspector framed it: 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.

‘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
Postcode: GL14 1PJ

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.

What the Inspector cited

Judgments: 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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2024

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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.