7-8 Park Gate, Skelmanthorpe, HUDDERSFIELD, HD8 9BB

described as - “The land to the rear of the dwelling at 7-8 Park Gate, which has been in domestic garden use in excess of 10 years and forms part of the residential curtilage of the property

Authority: Kirklees Metropolitan Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Moore D

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 totality of the appellant's evidence, including significant weight afforded to aerial photographs with embedded dates and considerable weight to the sworn statutory declaration, demonstrated on the balance of probability that a material change of use to residential use had occurred and subsisted for the requisite ten-year period.

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