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Dismissed23 January 20233292364

Lyndale, 24 School Lane, Blean, Canterbury, Kent, CT2 9JA

Planning appeal 3292364 at Lyndale, 24 School Lane, Blean, Canterbury, Kent, CT2 9JA (Canterbury City Council) was dismissed on 23 January 2023 by Inspector Lewis D, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the land to use as a residential garden occurred before 2 July 2011 and the residential use continued substantially uninterrupted for a period of ten years thereafter.

Change of use from agricultural land to residential curtilage C3 use in relation to the additional block of land added to the rear of the property as shown on the location plan

Authority
Canterbury City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Lewis D
Postcode
CT2 9JA

Main issues, as the Inspector framed them

  • Whether a material change of use of the land to use as a residential garden occurred before 2 July 2011 and the residential use continued substantially uninterrupted for a period of ten years thereafter

What decided it

The aerial photographic evidence demonstrated no material change in the character of the land and no consistent domestic use or activity over the relevant period, and the appellant's evidence was insufficiently precise and detailed to satisfy the balance of probability test required for a certificate of lawful use.

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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