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Dismissed7 November 20253363626

38 Birch Way, Hastings, TN34 2JZ

Planning appeal 3363626 at 38 Birch Way, Hastings, TN34 2JZ (Hastings Borough Council) was dismissed on 7 November 2025 by Inspector Preston C, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a Certificate of Lawful Use or Development was well-founded, specifically whether the use of the annex remains ancillary to the dwellinghouse or constitutes a material change of use in breach of condition 4 of planning permission HS/FA/23/00432.

whether the use of the annex at 38 Birch Way remains lawful and ancillary to the main dwelling

Authority
Hastings Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Preston C
Postcode
TN34 2JZ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a Certificate of Lawful Use or Development was well-founded, specifically whether the use of the annex remains ancillary to the dwellinghouse or constitutes a material change of use in breach of condition 4 of planning permission HS/FA/23/00432

What decided it

The commercial letting of the annex to unrelated paying guests represents a material change of use from a single household dwellinghouse to a mixed use combining residential occupation with commercial holiday letting, which is not ancillary to the main dwelling and breaches condition 4 of the 2023 permission.

The decision letter

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

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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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