Coloured Ponds, Rogate, PETERSFIELD, GU31 5DL

the building has been occupied as an independent dwelling in excess of 4 years

Authority: South Downs
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Curnow R

Main issues, as the Inspector framed them

whether the decision by the SDNPA to refuse to issue a certificate was well-founded

What decided it

The Inspector found the sworn oral evidence of the Appellant and her son to be credible, precise and unambiguous, sufficient to prove four years' continuous residential use of the flat on the balance of probabilities.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Mumtaz Properties Ltd [2011] EWCA Civ 610

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