The Old Byre, Sevington, Grittleton, Chippenham , SN15 3HP

garden. Summary

Authority: Wiltshire Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Blackwell J

Main issues, as the Inspector framed them

whether a material change of use of the appeal site to garden has occurred
if a material change of use to garden has occurred, whether this use had subsisted continuously and uninterrupted for a period of at least ten years prior to the date of application

What decided it

The appellants demonstrated on the balance of probability that a material change of use to garden had occurred and subsisted continuously for at least ten years prior to application, with the Council presenting insufficient evidence to contradict this, rendering the use lawful and immune from enforcement under section 171B(3) of the 1990 Act.

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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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