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Planning appeal decision

Allowed12 August 20213259670

3 Church Brook, Tadley, RG26 4AY

Planning appeal 3259670 at 3 Church Brook, Tadley, RG26 4AY (Basingstoke and Deane Borough Council) was allowed on 12 August 2021 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: whether the Council's refusal to grant a certificate of lawfulness for the use as garden land is well founded.

described as: Garden land with vegetable plot used for family domestic use as per normal family use for longer than 10 years

Authority
Basingstoke and Deane Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Hocking P
Postcode
RG26 4AY

Main issues, as the Inspector framed them

  • whether the Council's refusal to grant a certificate of lawfulness for the use as garden land is well founded

What decided it

The appellant demonstrated on the balance of probabilities that the land had been used as garden land for a relevant uninterrupted period of at least 10 years, discharging the necessary burden of proof for a certificate of lawfulness.

The decision letter

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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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