®Planning appeal decision
Quashed On Legal Grounds5 January 20263355325
11 Hatton Terrace, Birmingham Road, Hatton, WARWICK, CV35 7JS
without planning permission, unauthorised change of use of the garage to an independent dwelling (C3)
- Authority
- Warwick District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Whether the enforcement notice was defective in its allegation of breach of planning control
- Whether the enforcement notice was properly served in accordance with section 172 of the Town and Country Planning Act 1990
- Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control
- Whether the use of the building as a dwellinghouse is lawful by virtue of four years' continuous use
What decided it
The material change of use of the building to a dwellinghouse occurred in September 2013 and continued without significant interruption for more than four years prior to the enforcement notice being issued, thereby becoming immune from enforcement action.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.