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Planning appeal decision

Dismissed20 July 20223284725

Land West of 1 Wood Street, Swanley, BR8 7PA

Planning appeal 3284725 at Land West of 1 Wood Street, Swanley, BR8 7PA (Sevenoaks District Council) was dismissed on 20 July 2022 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the evidence is sufficiently precise and unambiguous to demonstrate, on the balance of probabilities, that the use of the land as garden was lawful at the date of application.

the use of land as garden

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Thomas N
Postcode
BR8 7PA

Main issues, as the Inspector framed them

  • Whether the evidence is sufficiently precise and unambiguous to demonstrate, on the balance of probabilities, that the use of the land as garden was lawful at the date of application

What decided it

The appellant's evidence was imprecise and ambiguous regarding the use claimed to be lawful, failing to demonstrate on the balance of probabilities that the land was used as a residential garden for a sustained ten-year period.

The decision letter

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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.

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