6 St. Mildreds Walk, WESTGATE-ON-SEA, CT8 8FZ

without planning permission, the retrospective change of use from Storage (Use Class B8) to 1No 1-bed dwelling

Authority: Thanet District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Kean G

Main issues, as the Inspector framed them

Whether at the time the enforcement notice was issued, it was too late to take enforcement action against the material change of use, having regard to whether the breach had been continuous for ten years or more prior to issue of the notice

What decided it

The appellant failed to provide sufficient evidence on the balance of probability that the breach of planning control had been continuous for ten years or more prior to the issue of the enforcement notice, as required under section 174(2)(d) of the Town and Country Planning Act 1990.

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