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Planning appeal decision

Allowed20 May 20263357481

22 Costock Road, East Leake, Nottinghamshire, LE12 6LY

Planning appeal 3357481 at 22 Costock Road, East Leake, Nottinghamshire, LE12 6LY (Rushcliffe Borough Council) was allowed on 20 May 2026 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well-founded, specifically whether the proposed garage falls within the curtilage of the dwellinghouse for the purposes of permitted development rights under Class E, Part 1, Schedule 2, GPDO 2015.

Detached garage within the curtilage of a dwellinghouse

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Pleasant L
Postcode
LE12 6LY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well-founded, specifically whether the proposed garage falls within the curtilage of the dwellinghouse for the purposes of permitted development rights under Class E, Part 1, Schedule 2, GPDO 2015

What decided it

The land where the garage would be sited is within the curtilage of the dwellinghouse because it is physically and functionally associated with the dwelling, serves as access, parking and garden area for the house, and has been in residential garden use for a number of years despite not being part of the original curtilage.

What the Inspector cited

Judgments
Dyer v Dorsett CC [1983] 3 WLR 231; McAlpine v SSE [1995] JPL B43; Burford v SSCLG & Test Valley BC [2017] 1493 (Admin); HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Rushcliffe

The authority’s record since 2016 · every decision in 2026

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  3. Dismissed27 August 20266010993
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  4. Dismissed11 August 20266010159
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  5. Dismissed2 July 20266004512
    Garden Land to the Rear (North-East) of Olivants Cottage, Burton Lane, Whatton, NG13 9EQ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.