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Allowed1 March 20223286837

Land Opposite Ivy House Farm, Main Street, Walton, Wetherby, LS23 7DJ

Planning appeal 3286837 at Land Opposite Ivy House Farm, Main Street, Walton, Wetherby, LS23 7DJ (Leeds City Council) was allowed on 1 March 2022 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show on the balance of probability that the use is lawful due to the passage of time.

Use of the land as a private garden not incidental to any dwelling

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Harbottle M
Postcode
LS23 7DJ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show on the balance of probability that the use is lawful due to the passage of time

What decided it

The appellant demonstrated through aerial images, neighbour testimony, and photographs that the land had the appearance and characteristics of a private garden maintained continuously for well over 10 years from 2002 to 2018, commencing before the relevant date.

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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