®Planning appeal decision
Allowed8 July 20263378058
The annexe at Glenthorne, Five Ways Road, Hatton, Warks, CV35 7HZ
use as a single dwellinghouse
- Authority
- Warwick District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Minor Dwellings
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- the main issue is whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well-founded
- this turns on whether the appellant can demonstrate, on the balance of probability, that the use of the appeal site as a separate dwellinghouse occurred and has continued in use as a single dwellinghouse for a period of four years prior to 18 December 2025
What decided it
The appellant's clear, unambiguous and uncontradicted evidence (supported by his son, partner and a neighbour) established continuous separate residential use of the Annexe for the requisite four-year period.
Judgments cited: Richard O'Flynn v SSCLG and Anr [2016] EWHC 2894 (Admin); Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
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.