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Planning appeal decision

Allowed10 April 20253356009

Croftfield House, Ryhill Pits Lane, Cold Hiendley, WAKEFIELD, WF4 2DU

use of land as domestic garden land for purposes incidental to the enjoyment of the dwellinghouse known as Croftfield House

Authority
Wakefield Metropolitan District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Householder developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to issue a LDC was well-founded. That falls on whether the appellant has proved on the balance of probability that the use of the land changed to domestic garden for purposes incidental to the enjoyment of the dwellinghouse known as Croftfield on or before 20 August 2014 and that the use then continued for 10 years after the date of the change.

What decided it

The Council conceded, in light of the evidence presented, that the appellant had proved on the balance of probabilities that the land had been used as domestic garden land incidental to the dwellinghouse for a continuous 10-year period.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.