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Planning appeal decision

Dismissed23 February 20223287347

56 Briardene Way, Easington Colliery, Peterlee, SR8 3NR

Planning appeal 3287347 at 56 Briardene Way, Easington Colliery, Peterlee, SR8 3NR (Durham County Council) was dismissed on 23 February 2022 by Inspector Gray E, 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.

described as ‘the land is being used as a private garden, from previous open space

Authority
Durham County Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Gray E
Postcode
SR8 3NR

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

What decided it

The maintenance and planting activities, even if carried out daily for ten years, do not in themselves constitute use ancillary to the enjoyment of a dwellinghouse, and without evidence of other ancillary domestic use, the land's separate ownership and the nature of the activities mean a material change of use was not established.

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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