1 Whitehaven Close, Broughton, MILTON KEYNES, MK10 7AF

Authority: Milton Keynes Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: community-institutional · Minor Dwellings
Inspector: Preston C

Main issues, as the Inspector framed them

Whether the proposed use would amount to a material change of use from the present use of the property as a dwellinghouse

What decided it

The absence of any information as to the existing use of the property, which is required by established caselaw to assess whether a material change of use would occur, and the appellant's failure to discharge the burden of proof on the balance of probability.

Judgments cited: Waltham Forest LBC v SSTLG&R & Tully [2002] EWCA Civ 330; North Devon judgment

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