Planning appeal decision
The Cottage, New Manor Farm, Ellington Road, Woolley, Huntingdon, PE28 5BH
Planning appeal 3348935 at The Cottage, New Manor Farm, Ellington Road, Woolley, Huntingdon, PE28 5BH (Huntingdonshire District Council) was allowed on 12 May 2025 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well founded, turning on whether the property was continuously occupied as independent living accommodation in breach of Condition 3 for a sufficient period to gain immunity from enforcement action.
Occupation as a dwelling without compliance with Condition 3 of Planning Permission Ref 9600408FUL (erection of dwelling with ancillary use restriction)
- Authority
- Huntingdonshire District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Willows P
- Postcode
- PE28 5BH
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well founded, turning on whether the property was continuously occupied as independent living accommodation in breach of Condition 3 for a sufficient period to gain immunity from enforcement action
What decided it
The property had been continuously occupied in breach of Condition 3 for a 10-year period from 24 July 2011 to 24 July 2021, establishing immunity from enforcement action, and brief periods of non-occupation thereafter could not extinguish that lawful right.
The decision letter
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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.
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