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Planning appeal decision

Dismissed26 November 20253368376

Flat 1B, 26 Eversfield Place, St. Leonards-on-Sea, TN37 6BY

Planning appeal 3368376 at Flat 1B, 26 Eversfield Place, St. Leonards-on-Sea, TN37 6BY (Hastings Borough Council) was dismissed on 26 November 2025 by Inspector Preston C, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

described on the application form as: We wish to confirm that the use of the property as separate residential dwelling and installation of double-glazed windows is lawful due to the passage of time. It remains a residential property and will retain a bedroom, bathroom /toilet and hallway with the new addition of its own kitchen. A period of over four years has passed

Authority
Hastings Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Preston C
Postcode
TN37 6BY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The lower ground floor was not in use as a separate dwellinghouse at the time the application was made, having never been occupied as such and remaining uninhabitable, and therefore a certificate of lawful use could not be granted.

The decision letter

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More decisions in Hastings

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

  1. Notice upheld7 November 20253348260
    Flat 1, 1 Emmanuel Road, Hastings, TN34 3LB
  2. Quashed On Legal Grounds19 July 20243313499
    Land East of Links Cottage , 40 Tilekiln Lane, Hastings, East Sussex, TN35 5EN
  3. Quashed On Legal Grounds26 January 20243307588
    130 Bohemia Road, St Leonards-on-sea, TN37 6RP
  4. Notice upheld13 July 20223284071
    20 Winchelsea Lane, Hastings, East Sussex, TN35 4LG
  5. Dismissed11 July 20223290541
    62 Eversfield Place, St Leonards-on-sea, TN37 6DB

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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