Planning appeal decision
Land at SX369802, Known as Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD
without planning permission: (i) the change of use of the Land from a detached garage to the use as a separate dwelling for residential purposes
- Authority
- West Devon Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Howell M
Main issues, as the Inspector framed them
- the purpose of the Notice, whether the requirements of the Notice were excessive to remedy the breach and if any lesser steps put forward would achieve the purpose of the Notice
What decided it
The appellant failed to prove on the balance of probabilities that the material change of use to a separate dwelling had commenced and continuously subsisted for four years before the Notice was issued, as his own building control and naming/numbering applications indicated occupation began only in May 2022.
the interference with the appellant's Article 8 and Article 1 First Protocol rights, and his personal circumstances, were outweighed by the public interest in maintaining effective planning control and remedying the breach
The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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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