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Planning appeal decision

Dismissed23 February 20223287347

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.