®Planning appeal decision
11 Moss Brook Court, Burley In Wharfedale, Ilkley, LS29 7RZ
Planning appeal 3278267 at 11 Moss Brook Court, Burley In Wharfedale, Ilkley, LS29 7RZ (City of Bradford Metropolitan District Council) was allowed on 17 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 lawful development certificate is well founded, turning on whether the appellant can show that the use of the land as garden was lawful on the date of application and had continued without significant interruption for 10 years.
Use of land as garden
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Madge M
- Postcode
- LS29 7RZ
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue a lawful development certificate is well founded, turning on whether the appellant can show that the use of the land as garden was lawful on the date of application and had continued without significant interruption for 10 years
What decided it
The appellant's sworn evidence that the land was used as garden incidental and ancillary to the residential occupation of No 11 for more than 10 years continuously from mid-2001, with no contradictory evidence from the Council and no significant interruption in use.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham LBC [1985] JPL 630; 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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.