Land Rear of Marigolds , Main Road, Bicknacre, Chelmsford, Essex, CM3 4HD

Authority: Chelmsford Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the use of the building known as Old Bakery Barn as a dwelling has subsisted continuously for the four year period prior to the date of the application (20 July 2019) such that it is immune from enforcement action and thus lawful residential use

What decided it

The Appellant failed to provide sufficient precise and unambiguous evidence, beyond inconclusive Statutory Declarations, to demonstrate that residential use of Old Bakery Barn subsisted continuously for the four year period prior to the application date, particularly the absence of Council Tax registration, utility payments, and Electoral Register evidence.

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