®Planning appeal decision
Fieldgate Farm, Outside Lane, Oxenhope, Keighley, West Yorkshire, BD22 9QY
Planning appeal 3271819 at Fieldgate Farm, Outside Lane, Oxenhope, Keighley, West Yorkshire, BD22 9QY (City of Bradford Metropolitan District Council) was allowed on 28 September 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: whether the appellant has proved on the balance of probability that the use of the property has changed to use as domestic garden on or before 22 September 2010 and that the use then continued for 10 years after the date of the change.
domestic garden
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Phillips A
- Postcode
- BD22 9QY
Main issues, as the Inspector framed them
- whether the appellant has proved on the balance of probability that the use of the property has changed to use as domestic garden on or before 22 September 2010 and that the use then continued for 10 years after the date of the change
What decided it
The appellant's evidence, comprising neighbour statements, former owner confirmation, Google Earth imagery, and sales particulars, was sufficiently precise and unambiguous to prove on the balance of probabilities that the land had been continuously used as domestic garden for ten years or more prior to 22 September 2010, and the Council presented insufficient evidence to contradict this.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham LBC [1985] JPL 630; LB Islington v SSHCLG [2019] EWHC 2691 (Admin); Thurrock BC v SSE [2002] EWCA Civ 226, [2002] JPL 1278; Swale BC v FFS & Lee [2005] EWCA Civ 1568; [2006] JPL 886
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.