Breach of control allegation at bed and breakfast incorrect

In quashing an enforcement notice relating to a bed and breakfast establishment in north Yorkshire an inspector decided that there had not been a breach of planning control.

Planning permission had been granted in 2006 to create a private dwelling house, a separate holiday dwelling and 15 en-suite letting bedrooms. The appellant stated that only seven of the bedrooms had been completed with a further four in the process of being fitted out. The council, in issuing the enforcement notice, alleged that it was being used as a hotel, as a café/restaurant, a private dwellinghouse and for the holding of private functions and exhibitions.

The inspector decided that the principal use of the site was a bed and breakfast establishment and it was not unusual for such establishments to include private, self-contained accommodation for use by the owner. Its change of use to a hotel did not require permission and all the other uses alleged in the notice would be ancillary to such a use. Consequently, there had not been a breach of planning control and the notice was quashed.

Inspector John Braithwaite; Inquiry


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