Planning appeal decision
Gate House, Gate Lane, Freshwater, Isle of Wight, PO40 9QT
Planning appeal 3342430 at Gate House, Gate Lane, Freshwater, Isle of Wight, PO40 9QT (Isle of Wight Council) was dismissed on 13 October 2025 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded.
Construction of outbuilding and use as an independent residential unit since 2010
- Authority
- Isle of Wight Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Harbottle M
- Postcode
- PO40 9QT
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue a certificate of lawful use or development was well founded
What decided it
The appellant's evidence of independent occupation was limited, imprecise and unsupported by documentary evidence such as separate Council Tax registration or utility bills, failing to demonstrate on the balance of probabilities that the breach persisted for the required 10-year period.
The decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision


More decisions in Isle of Wight
The authority’s record since 2016 · every decision in 2025
- Quashed On Legal Grounds22 May 20263354054Havenbridge Farm Rowlands Lane, Havenstreet, Ryde, PO33 4EA
- Quashed On Legal Grounds22 May 20263326561Land Between Morrisons and The Merrie Gardens Public House, Newport Road, Lake, Sandown, Isle of Wight, PO36 9PT
- Planning permission granted12 May 20263329338Ye Olde Village Inn, 61 High Street, Bembridge, PO35 5SF
- Notice varied and upheld30 April 20263314104Bridge Cottage, St Catherines Road, Niton, Ventnor, Isle of Wight, PO38 2NE
- Notice varied and upheld7 April 20263359596Land at Mersley Paddock, Mersley Lane, Newchurch, Sandown, Isle of Wight, PO36 0NR
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.
®