5 Dean Wood Close, Upholland, Skelmersdale, WN8 0BS

Planning appeal 3294849 at 5 Dean Wood Close, Upholland, Skelmersdale, WN8 0BS (West Lancashire District Council) was allowed on 4 October 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the incorporation of the appeal land (formerly part of the garden to Brooklands) into the garden of No. 5 Dean Wood Close would constitute development requiring planning permission.

Incorporation of land formerly part of the garden to Brooklands, No. 30 Parliament Street into the garden of No. 5 Dean Wood Close

Authority: West Lancashire District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Whalley J
Postcode: WN8 0BS

Main issues, as the Inspector framed them

Whether the incorporation of the appeal land (formerly part of the garden to Brooklands) into the garden of No. 5 Dean Wood Close would constitute development requiring planning permission

What decided it

The appeal land retained its lawful residential garden use despite severance and non-use, and its incorporation into the garden of No. 5 Dean Wood Close would not amount to a material change of use requiring planning permission.

What the Inspector cited

Judgments: Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Richmond upon Thames LBC v SSETR [2001] JPL 84

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in West Lancashire District Council

The authority’s record since 2016 · every decision in 2022

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Allowed24 September 20266007730
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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.