12 Seymour Street, HEYWOOD, OL10 3AJ

a proposed outbuilding within the rear garden

Authority: Rochdale Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hartley D

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 with particular regard to whether on the date of the LDC application the proposed outbuilding within the rear garden would have been lawful if instigated or begun on that date

What decided it

The proposed outbuilding would be sited on land designated for car parking purposes under Condition No. 03 of the 1997 planning permission, and the appellant failed to provide sufficient evidence that this condition had been breached for the requisite ten-year period to render it unenforceable.

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