®Planning appeal decision
55 Blewitt Street, Pensnett, Brierley Hill, DY5 4AN
Planning appeal 3303711 at 55 Blewitt Street, Pensnett, Brierley Hill, DY5 4AN (Dudley Metropolitan Borough Council) was dismissed on 17 November 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 residential garden land with associated fencing.
described as ‘use of land as domestic curtilage
- Authority
- Dudley Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Hartley D
- Postcode
- DY5 4AN
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 residential garden land with associated fencing
What decided it
The appellant failed to demonstrate on the balance of probabilities that the land had been used continuously as a residential garden for at least ten years, and could not establish that the fence had been erected more than four years prior.
The decision letter
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With an account
What an account adds to this decision
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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.