Application registered
Consultation
period
Application under consideration
Decision
made
Description
The use of the outbuilding as an annex to the dwelling house does not consitute development.
Location
Icknield Nurseries Kingston Stert Chinnor OX39 4NL
Grid Reference
472618/200999
Applicant
Mrs Tanya D'Onofrio
c/o Agent
Agent
Frank Dixon
Breach House
Cholsey
WALLINGFORD
OX10 9JN
Consultation / Notification
No further Representations on this application will be accepted.
Consultations / Notifications to date are shown below.
Name / Number
Date Sent
Response Date
c/o Mrs B Wilson
Malin Cottage
Emmington
Chinnor
Oxon
OX39 4AA
16 02 2011
Application Type
Other
(Lawful Development)
Application Progress
Date Received
13th January 2011
Registration Date
24th January 2011
Target Decision Date
21st March 2011
Decision
Refusal of Certificate of Lawful Use or Development on 25th May 2011
Conditions / Refusal Reasons
The evidence submitted in support of the application does not, on balance of probability, support a conclusion that the building in question is lawfully used as an annex to the existing dwelling situated to the centre of the site. The use of the building is not incidental to the enjoyment of the dwellinghouse and therefore constitutes development requiring planning permission. The building was constructed in 2009 (less than 4 years prior to the application date) without the benefit of planning permission. It does not accord with the requirements of Class E, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2008. The building as an operation is not therefore lawful and so the use of the building cannot be regarded as separately lawful. On balance of probability it is concluded that the building in question is in use as a separate residential dwellinghouse. This use probably commenced at some point between15 September 2009 and 24 November 2009 (less than 4 years prior to the application date). The development is not therefore immune from enforcement action under Section 171B of the Act. In the above circumstances the development cannot be regarded as lawful within the meaning of Section 191 of the Act.
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