Smart Planning has been successful at appeal in obtaining a Certificate of Lawfulness for an independent dwelling in the Maldon District.
Following an initially refused application to the Local Planning Authority, Maldon District Council, the Planning Inspectorate were satisfied ‘on the balance of probabilities’ that the use of a former workshop building as a separate dwelling had indeed become lawful with the passing of time.
The Planning Inspector states in their decision that:
Having regard to the whole of the evidence, it is sufficiently precise and unambiguous in setting out the use of the building as an independent dwelling for the requisite period of four years. There is no evidence to suggest that the use as an independent dwelling was interrupted or has been lost via abandonment or a supervening event following the lawful residential use being established. Consequently, the workshop has on the balance of probability, been in continuous use as a separate dwelling for more than four years prior to the date of the application.