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Planning appeal decision

Dismissed2 December 20213238520

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

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

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.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.