®Planning appeal decision
Windy Walls Farm, Ashbourne Lane, Chapel-En-Le-Frith, Derbyshire, SK23 9UF
described in the application form as follows: “Certificate of Lawful Existing Use or Development to establish that the lawful use of the land outlined in red is incidental domestic use/residential garden land use and that the lawful use of the stone outbuilding is incidental domestic use”
- Authority
- High Peak Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Ghafoor A
Main issues, as the Inspector framed them
- Whether the land outlined in red in the application is in a lawful incidental domestic use/residential garden land use and whether the lawful use of the stone outbuilding is incidental domestic use
What decided it
The appellant failed to demonstrate on the balance of probabilities that the claimed incidental residential use of the land and outbuilding began on or before the relevant date of 8 June 2013 and continued for 10 years without significant interruption, due to insufficient and imprecise evidence.
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.