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Planning appeal decision

Allowed12 February 20243315507

Paddock View, 24 High Street, Spaldwick, HUNTINGDON, Cambridgeshire, PE28 0TD

lawful use as garden associated with Paddock View, 24 High Street, Spaldwick, Huntingdon PE28 0TD; and associated lawful development comprising a summerhouse and a children’s play frame

Authority
Huntingdonshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the appellant has proved on the balance of probability that the use of the property has changed to garden associated with Paddock View, 24 High Street, Spaldwick, Cambridgeshire PE28 0TD on or before 18 May 2012 and that the use then continued for 10 years after the date of the change

What decided it

The photographic evidence showing physical separation and different surface characteristics of the land throughout the material period, combined with insufficient evidence of continuous garden use over the full 10-year period, meant the appellant failed to discharge the burden of proof on the balance of probabilities.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.