Land adjacent to (and part of the former curtilage) , 74 Furnace Lane, Nether Heyford, Northamptonshire, NN7 3JX

described as affirmation of historic and current use as private garden – formerly part of the curtilage of 74 Furnace Lane, Nether Heyford

Authority: West Northamptonshire
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Change of use
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether the council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that the use of the land as private garden was lawful on the date of application and had continued without significant interruption for 10 or more years since 1986

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that the land had been used as a private garden for the requisite 10-year continuous period since 1986 to be immune from enforcement action.

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