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No.Condition Text
1.The development (consisting of the use of the building - 'Annexe, 1 Wheatley Close' as a self-contained residential unit) would not have been immune from enforcement action at the time of the application, and therefore would have required planning permission and would not have been lawful at the time of the application. Consequently, under the unambiguous wording of s191(4) of the Town and Country Planning Act 1990 [as amended], officers recommend that the certificate of lawful development for the existing development is refused.
2.The application as submitted was assessed in line with section 191 and 193 of the Town and Country Planning Act 1990 [as amended]. These provisions make it clear that the applicant must provide sufficient evidence to prove on the balance of probabilities that the development was lawful at the time of the application. Following from assessment of the application, it was clear that on the balance of probabilities that the operation as described was not lawful at the time of the application.