4 Burton Crescent, Monk Bretton, BARNSLEY, S71 2QD

erection of outbuilding to be used as a store, games area and hobby workshop

Authority: Barnsley Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Pleasant L

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 provide sufficiently precise evidence on the balance of probability that the pre-existing ground level adjacent to the proposed building extended to 1.238m above the survey datum, which was necessary to establish whether the building complied with the 2.5m height restriction for permitted development.

Judgments cited: McGaw v Welsh Ministers and the Council for the City and County of Swansea [2020] EWHC 2588 (Admin)

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