35 Hollingworth Close, WEST MOLESEY, KT8 2TW

to regularise the change of use from amenity land to residential garden land

Authority: Elmbridge Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: McGlone A

Main issues, as the Inspector framed them

Whether the Council's decision to refuse the application was well founded, turning on whether the appellant can show on the balance of probability that the appeal site has been used as a residential garden for a continuous period of ten years

What decided it

The appellant failed to demonstrate that the appeal site had been used as a residential garden for the continuous ten-year period required by section 191 of the Town and Country Planning Act 1990, as the material change of use occurred only in May 2015, approximately eight years before the application date.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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