Briaden, Underwood Drive, Rawdon, Leeds, LS19 6LA

Planning appeal 3274993 at Briaden, Underwood Drive, Rawdon, Leeds, LS19 6LA (Leeds City Council) was allowed on 10 November 2021 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of part of the adjoining field as garden to the dwellinghouse was lawful on the date of application and had continued without material interruption for 10 years.

Use of part of adjoining field as garden to dwellinghouse

Authority: Leeds City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Madge M
Postcode: LS19 6LA

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of part of the adjoining field as garden to the dwellinghouse was lawful on the date of application and had continued without material interruption for 10 years

What decided it

The appellant's evidence, including sworn testimony and aerial photographs, established that the land had been used as residential garden incidental to the dwellinghouse for more than 10 years before the material date and continued without material interruption, satisfying the test for lawfulness under section 191 of the 1990 Act.

What the Inspector cited

Judgments: Burdle v Secretary of State for the Environment [1972] 1 WLR 1207

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.

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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.