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Allowed12 February 20243315507

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

Planning appeal 3315507 at Paddock View, 24 High Street, Spaldwick, Huntingdon, Cambridgeshire, PE28 0TD (Huntingdonshire District Council) was allowed on 12 February 2024 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PE28 0TD

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.

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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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