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Allowed12 August 20243336168

78 Calfridus Way, Bracknell, Berkshire, RG12 9HA

Planning appeal 3336168 at 78 Calfridus Way, Bracknell, Berkshire, RG12 9HA (Bracknell Forest Borough Council) was allowed on 12 August 2024 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the land has been in use as a private garden, associated with the residential use of No 78, for a ten-year period prior to the date of the LDC application and is therefore immune from enforcement action against that use.

Use of amenity land as private garden incidental to the dwellinghouse at 78 Calfridus Way

Authority
Bracknell Forest Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Boffin D
Postcode
RG12 9HA

Main issues, as the Inspector framed them

  • Whether the land has been in use as a private garden, associated with the residential use of No 78, for a ten-year period prior to the date of the LDC application and is therefore immune from enforcement action against that use

What decided it

The visual evidence from street view and aerial photographs combined with the appellant's uncontradicted evidence demonstrated that the land had been used as private garden incidental to the dwelling for more than ten years, making it immune from enforcement action.

The decision letter

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More decisions in Bracknell Forest Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld23 June 20263377131
    Mare Lane Farm, Howe Lane, Binfield, Bracknell, RG42 5QP
  2. Notice varied and upheld10 June 20263371640
    Nestings, Jigs Lane North, Warfield, Bracknell, RG42 3DH
  3. Planning permission granted10 June 20263365628
    Nestings Jigs Lane North, Warfield, Bracknell, RG42 3DH
  4. Notice varied and upheld5 June 20263353445
    Land Adj. 124 Owlsmoor Rod, Sandhurst, Berkshire , GU47 0ST
  5. Invalid17 March 20263336167
    Ryehurst Stud, Ryehurst Lane, Binfield, Berkshire, RG42 5QY

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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