Planning Inspector Overturns Porthloo Chalet Decision
The Planning Inspectorate has ruled that the Council was wrong to order the demolition of a chalet at Porthloo and it can now be used as a dwelling.
The owners of the wooden building in the grounds of White Cottage had tried to get a lawful development certificate to use it as a separate residence.
They said it had been lived in by the their daughter between 2006 and 2012, longer than the four years they said was needed to show it was an independent property.
But Senior Manager for Planning Craig Dryden said there were no utility bills or council tax records to show that it had been a separate house.
Planners rejected the application at their meeting in February and issued an enforcement notice to get the chalet removed.
The owners appealed to the Planning Inspectorate and they won. The Council decision has now been overturned and the building can be used as a home.
Under national planning laws, any enforcement notice needs to be issued within four years of completing and occupying a building.
The owners provided evidence to the inspector including aerial photos, to show that the property had been built in three stages, starting in 2005 and ending in 2010, more than four years ago.
People who lived in the property and tradesmen who helped build it also gave statements.
The inspector accepted this and granted planning permission. And they said a condition restricting its use to local needs housing couldn’t be imposed either.
In a report about the appeal, going before councillors at next week’s meeting, Planning Officer Lisa Walton said the authority will now investigate any council tax or water and sewage rates that may be due.