38 Birch Way, HASTINGS, TN34 2JZ

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

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.

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