95 First Avenue, Batchmere, CHICHESTER, PO20 7LQ

described as ‘change of use of building to dwelling

Authority: Chichester District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: King T

Main issues, as the Inspector framed them

Whether, on the balance of probability, the use was lawful within the meaning of section 191(2) of the Town and Country Planning Act 1990

What decided it

The occupation of the building was intermittent and short-term rather than continuous, and the building remains ancillary to the main dwelling within the same planning unit rather than constituting an independent dwelling.

Judgments cited: Gravesham BC v SSE & O'Brien [1982]; Burdle v SSE [1972]

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