Land off Newtown Road, Sound, Nantwich, Cheshire, CW5 8BG

as residential garden

Authority: Cheshire East
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the Council's decision not to grant the lawful development certificate for the use as residential garden was well-founded, requiring proof on the balance of probability that the site has been used as a residential garden for a substantially uninterrupted period of over 10 years prior to the date of the LDC application

What decided it

The appellant provided sufficient evidence on the balance of probability, including historical documentation, photographs, and uncontradicted testimony, to establish that the site had been used as a residential garden for substantially more than 10 years prior to the application date.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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