THE owners of Weymouth's only surviving example of an intact 17th century coaching inn have won a legal bid to confirm that no enforcement action will be taken after they converted the building into homes without permission.

Owners of the 'unique' Grade II listed former Swan Inn at number 567 Dorchester Road, Upwey, have successfully legitimised changes to the building, using planning laws which state enforcement action cannot be taken if work goes unnoticed for four years or longer.

The pub ceased trading around 2004. The current owner purchased the building two years later, carrying out work to convert rooms with neither listed building consent nor change of use planning permission.

Work carried out at the property includes refurbishing a three-bedroomed flat above the main pub area to let as a multi-occupancy property; converting a former staff accommodation annexe into a three bedroomed family home, and converting a studio flat at the rear of the pub into a one bedroomed flat to let to tenants.

In 2007 after the changes were made the owners successfully applied for planning permission to convert the pub into a single family home, but this lapsed after works did not get under way "as a result of the financial crash of 2007/2008."

Planning authority Dorset Council has now issued certificates of lawfulness confirming no action will be taken over the breaches after the owners submitted evidence to prove they had been using part of the property as their home and renting out other parts of the building.

Previously members of Weymouth Town Council's Planning committee raised concerns over the works carried out 'with no regard to its listed status or building regulations and without anyone's knowledge'

"It's a very interesting and historical building and should be celebrated," councillor Graham Winter said at the meeting in May this year. "It's totally unique and probably the last virtually intact example of a 17th to 18th century coaching inn left in Weymouth. There's also evidence that there may well have been a hostelry there as early as the 15th century."

The town council called upon Dorset Council to carry out a 'full inspection' of the premises.

A member of Dorset Council's Planning department said that while a lot of the documents submitted as evidence did not prove that the property had been lived in for the required four year period, records provided by the council tax department indicated that the main building has been a band E residential dwelling since 2010, and that it is now listed as three separate dwellings.

"Sufficient evidence has been submitted that, on the balance of probabilities, and based on (the owner's declaration, signed by a solicitor); council tax history, and tenancy agreements... a breach of planning control consisting in the change of use of the building has occurred for a period of more than four years and therefore is now immune from enforcement action and is therefore lawful."