1 Vine Cottages, Hare Street, Herts, Herts, SG9 0EG

the use of land as residential garden land

Authority: East Hertfordshire District Council
Appeal type: major · Lawful Development Certificate
Procedure: Written Representations
Development: other · Change of use
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant an LDC was well founded with particular regard as to whether the evidence demonstrates, on the balance of probability, that on the date of the LDC application the land had been continuously used as a residential garden for a period of at least ten years and hence was immune from enforcement action and lawful

What decided it

The collective weight of evidence from the appellant, neighbouring occupiers, and professional gardeners and arboricultural specialists demonstrating continuous residential garden use and maintenance from November 2012 to the application date satisfied the balance of probability test for ten years' continuous use.

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- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
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- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
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