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Planning appeal decision

Allowed4 March 20243320474

White Lodge Farm, Blackburn Road, Edgeworth, BOLTON, BL7 0PU

the conversion of garage to garden room, construction of garage to side and driveway to serve new garage using existing access onto Blackburn Road

Authority
Blackburn with Darwen Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Householder developments
Inspector
Walker A

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to grant an LDC is well-founded.

What decided it

The land on which the proposed garage and driveway would be sited was found to fall within the curtilage of the dwellinghouse, making the development permitted development under Class A of the GPDO.

Judgments cited: Burford v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1493; Dyer v Dorset County Council [1988]; Hiley v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 1289 (Admin); R (Hampshire County Council) v Secretary of State for Environment, Food and Rural Affairs [2022] QB 103; Methuen-Campbell v Walters [1979] 1 QB 525

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.