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Dismissed18 October 20213276044

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

Planning appeal 3276044 at Land at Fripps Cottage, Ashington Lane, Wimborne, Dorset, BH21 3DG (Bournemouth, Christchurch and Poole) was dismissed on 18 October 2021 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

Use of land as domestic garden land associated with the residential property known as Fripps Cottage

Authority
Bournemouth, Christchurch and Poole
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Jarratt P
Postcode
BH21 3DG

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.

What the Inspector cited

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

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 applied

The decision letter

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More decisions in Bournemouth Christchurch and Poole

The authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.