11 Moss Brook Court, Burley In Wharfedale, ILKLEY, LS29 7RZ

Authority: City of Bradford Metropolitan District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Madge M

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.

Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630; Burdle v Secretary of State for the Environment [1972] 1 WLR 1207

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