Land at Fripps Cottage, Ashington Lane, Wimborne, Dorset, BH21 3DG

Authority: Bournemouth, Christchurch and Poole
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Jarratt P

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The appellant failed to demonstrate on the balance of probability that a material change of use from agriculture to domestic garden land had occurred and continued uninterrupted for 10 years, as contradictory evidence cast doubt on the veracity of the appellant's evidence and the land appeared to be used as a leisure plot rather than domestic garden land.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Gabbitas v SSE & Newham LBC [1985] JPL 630

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