®Planning appeal decision
Bumblebee Cottage, Mill Lane, Pickworth , NG34 0TE
Planning appeal 3270337 at Bumblebee Cottage, Mill Lane, Pickworth , NG34 0TE (South Kesteven District Council) was allowed on 6 July 2021 by Inspector Murray J, by written representations. The main issue, as the Inspector framed it: Whether the refusal of a certificate of lawful use or development was well-founded, turning on whether the appellants proved on the balance of probability that the use of the land materially changed to use as domestic garden land and amenity space ancillary to the residential occupation of Bumblebee Cottage on or before 25 June 2010 and that such use continued for 10 years thereafter without significant interruption.
described in the application as “use as domestic garden land ancillary to and within the curtilage of the residential dwelling
- Authority
- South Kesteven District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Murray J
- Postcode
- NG34 0TE
Main issues, as the Inspector framed them
- Whether the refusal of a certificate of lawful use or development was well-founded, turning on whether the appellants proved on the balance of probability that the use of the land materially changed to use as domestic garden land and amenity space ancillary to the residential occupation of Bumblebee Cottage on or before 25 June 2010 and that such use continued for 10 years thereafter without significant interruption
What decided it
The balance of sworn and corroborated evidence from the appellants and long-standing witnesses familiar with the site since the mid-1980s established that the land had been continuously maintained and used as domestic garden and amenity space for more than 10 years prior to the certificate application date.
What the Inspector cited
- Judgments
- Panton v SSETR [1999] 1 P.L.R 92
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.