Cupressus, Durley Brook Road, Durley, SO32 2AR

Authority: Winchester City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: residential · Change of use
Inspector: Hitchcock R

Main issues, as the Inspector framed them

Whether or not the Authority's decision to refuse the LDC was well founded

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that a residential garden use had supplanted agricultural use across the whole Land continuously for 10 years without interruption.

Judgments cited: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Thurrock v SSE & Holding [2002] EWCA Civ 226; R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841

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