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

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

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.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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