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Planning appeal decision

Dismissed2 December 20213238520

Old House Farm, Sutton Lane, Cadeby, CV13 0AR

Planning appeal 3238520 at Old House Farm, Sutton Lane, Cadeby, CV13 0AR (Hinckley and Bosworth Borough Council) was dismissed on 2 December 2021 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the appeal site has been in use as a domestic garden incidental to the use of the dwelling for a continuous period of 10 years or more before the respective application dates.

Use of land as a domestic garden incidental to the use of the dwellinghouse at The Old House Farm, Sutton Lane, Cadeby

Authority
Hinckley and Bosworth Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Kean G
Postcode
CV13 0AR

Main issues, as the Inspector framed them

  • Whether the appeal site has been in use as a domestic garden incidental to the use of the dwelling for a continuous period of 10 years or more before the respective application dates

What decided it

The aerial photographs from 2014, 2015 and 2017 demonstrating that the appeal site remained part of the wider agricultural field area with inconsistent or absent boundary fencing, combined with the lack of precise and unambiguous testimony in the statutory declarations, meant the appellant failed to prove on the balance of probabilities that the land had been used as a domestic garden incidental to the dwelling for a continuous 10-year period.

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More decisions in Hinckley and Bosworth

The authority’s record since 2016 · every decision in 2021

  1. Notice varied and upheld6 May 20263347029
    Land at Shenton Lane, Upton, Nuneaton, CV13 6LB
  2. Notice upheld14 April 20263365801
    69 Burbage Road, Burbage, Leicestershire, LE10 2TS
  3. Dismissed25 September 20253330026
    Wide View Fenn Lane, Fenny Drayton, Nuneaton, CV13 6BJ
  4. Notice varied and upheld12 June 20253346915
    Land at 37 London Road, Hinckley, Leicestershire, LE10 1HQ
  5. Dismissed12 June 20253346910
    37A London Road, Hinckley , Leicestershire, LE10 1HQ

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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