The Mulberrys Desford Road, Thurlaston Village, Thurlaston, LEICESTERSHIRE, LE9 7TE

described on the application form as “use of land associated with the residential dwelling known as ‘The Mulberrys’ as its residential curtilage”

Authority: Blaby District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
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 land under a C3 residential use on or before 28 February 2013 and that the use then continued for 10 years after the date of the change

What decided it

The appellant's evidence was not sufficiently precise and unambiguous to clearly demonstrate on the balance of probabilities that the land in question had been used as garden land under C3 residential use for the required continuous 10-year period.

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