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Dismissed30 January 20253329168

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

Planning appeal 3329168 at The Mulberrys Desford Road, Thurlaston Village, Thurlaston, Leicestershire, LE9 7TE (Blaby District Council) was dismissed on 30 January 2025 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 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.

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
Postcode
LE9 7TE

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.

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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