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Dismissed27 February 20243325899

11 Moss Brook Court, Burley In Wharfedale, Ilkley, West Yorkshire, LS29 7RZ

Planning appeal 3325899 at 11 Moss Brook Court, Burley In Wharfedale, Ilkley, West Yorkshire, LS29 7RZ (City of Bradford Metropolitan District Council) was dismissed on 27 February 2024 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether or not the proposed development was lawful, at the time of the LDC application, by virtue of the proposed building being within the curtilage of the dwellinghouse at No 11 Moss Court.

Erection of a new ancillary building to be used as home office, swimming pool, gym, and games room

Authority
City of Bradford Metropolitan District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Wharton T
Postcode
LS29 7RZ

Main issues, as the Inspector framed them

  • Whether or not the proposed development was lawful, at the time of the LDC application, by virtue of the proposed building being within the curtilage of the dwellinghouse at No 11 Moss Court

What decided it

The extended garden, despite its lawful residential use, lies outside the curtilage of the dwellinghouse as a matter of fact and degree because it remains physically and visually separate from the original garden and more akin to an open paddock.

The decision letter

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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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