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Planning appeal decision

Dismissed19 October 20233296246

4 Over Mereway, Willingham, Cambridge, CB24 5AE

Planning appeal 3296246 at 4 Over Mereway, Willingham, Cambridge, CB24 5AE (South Cambridgeshire District Council) was dismissed on 19 October 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawfulness was well-founded, turning on whether the appellant can demonstrate on the balance of probabilities that the land can lawfully be used as a domestic garden and that the mobile home on the land can lawfully be used as ancillary accommodation to Blackberry Barn.

use of the land as a domestic garden and use of the mobile home on the land as ancillary accommodation to Blackberry Barn

Authority
South Cambridgeshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Hartley D
Postcode
CN24 5AE

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawfulness was well-founded, turning on whether the appellant can demonstrate on the balance of probabilities that the land can lawfully be used as a domestic garden and that the mobile home on the land can lawfully be used as ancillary accommodation to Blackberry Barn

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probability either ten years continuous use of the land as a domestic garden or that the mobile home fell within the curtilage of Blackberry Barn as ancillary accommodation.

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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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