®Planning appeal decision
Fieldgate Farm, Outside Lane, Oxenhope, Keighley, West Yorkshire, BD22 9QY
domestic garden
- Authority
- City of Bradford Metropolitan District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Phillips A
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.
Judgments cited: 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
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.