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Dismissed5 April 20243334374

Low Farm Barn, High Street, Clifford, Wetherby, West Yorkshire, LS23 6HJ

Planning appeal 3334374 at Low Farm Barn, High Street, Clifford, Wetherby, West Yorkshire, LS23 6HJ (Leeds City Council) was dismissed on 5 April 2024 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded, specifically whether there is planning permission for the use of the land as domestic garden.

Residential use - garden land to the east and within the domestic curtilage of Low Farm Barn

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Harbottle M
Postcode
LS23 6HJ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development was well founded, specifically whether there is planning permission for the use of the land as domestic garden

What decided it

The approved drawings listed in the 2018 and 2019 permissions do not show any defined garden area for Owl Cottage within the grassed area subject to this appeal, and the evidence indicates the application was amended to remove the proposed garden area from the Green Belt, meaning it has not been demonstrated on the balance of probability that the permissions permitted the creation of a garden area on the appeal site.

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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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