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Dismissed3 July 20233287004

34 Wellcroft, Ivinghoe, LU7 9EF

Planning appeal 3287004 at 34 Wellcroft, Ivinghoe, LU7 9EF (Buckinghamshire Council - Aylesbury Area *) was dismissed on 3 July 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that on 17 March 2008 the proposed garage fell within the curtilage of the dwellinghouse and would meet the permitted development requirements of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.

the erection of a detached garage

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hartley D
Postcode
LU7 9EF

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that on 17 March 2008 the proposed garage fell within the curtilage of the dwellinghouse and would meet the permitted development requirements of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate that on 17 March 2008 the proposed garage would have been positioned within the curtilage of the dwellinghouse, as required for permitted development status under Class E of the 1995 Order.

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More decisions in Buckinghamshire Council - Aylesbury Area

The authority’s record since 2016 · every decision in 2023

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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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