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Planning appeal decision

Allowed28 February 20253352528

32 Varndean Gardens, Brighton, BN1 6WL

Planning appeal 3352528 at 32 Varndean Gardens, Brighton, BN1 6WL (Brighton and Hove City Council) was allowed on 28 February 2025 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to private swimming lessons in addition to domestic use on or before 3 July 2014 and continued without significant interruption for 10 years.

provision of private swimming lessons in addition to domestic use

Authority
Brighton and Hove City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major retail and services
Inspector
Phillips A
Postcode
BN1 6WL

Main issues, as the Inspector framed them

  • Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to private swimming lessons in addition to domestic use on or before 3 July 2014 and continued without significant interruption for 10 years

What decided it

The 8-month Covid-19 lockdown period, during which the appellant continued to receive financial support and clearly intended to resume activity, was not treated as a fatal interruption to the 10-year immunity period because the use of the land itself could have been subject to enforcement action throughout.

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More decisions in Brighton and Hove City Council

The authority’s record since 2016 · every decision in 2025

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  5. Notice varied and upheld12 August 20263356977
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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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