Conditions / Refusal Reasons
The former detached garage building at Hillfoot Cottage has, on the balance of probability, been in continuous occupation as a dwellinghouse for a period of four year or more, prior to the point of the registration of this application, 20 March 2020. In addition the gardens on site have been sub-divided by means of enclosure, and two vehicular points created, forming independent residential curtilages serving both the main dwelling and the annex building on site. As such in accordance with section 55(3) of the Town and Country Planning Act 1990 a material change of use of the building and land has occurred and the site at Hiillfoot Cottage has been sub-divided to create two separate planning units, occupied independently of one and other. On the balance of probability this arrangement has been in place for a period of four year or more, prior to the point of the registration of this application, 20 March 2020. The existing use of the buildings and land as described in the supporting documents and as shown on drawings 19_1049_001, 19-039-01 A, 19_1049_003 and drwgno 19_1049_004 accompanying this application is considered to be immune from any planning enforcement and lawful due to passage of time under sections 191 and 171 of the Town and Country Planning Act 1990.