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Allowed6 July 20263359515

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

Planning appeal 3359515 at 1 Vine Cottages, Hare Street, Herts, Herts, SG9 0EG (East Hertfordshire District Council) was allowed on 6 July 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SG9 0EG

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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More decisions in East Hertfordshire District Council

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

  1. Dismissed3 July 20263368629
    Land Adj Robin Hill , High Molewood, Hertford, SG14 2PL
  2. Notice upheld3 July 20263342403
    Brookfield Farm Barns, West End Road, Wormley West End, Broxbourne, Hertfordshire, EN10 7QN
  3. Notice varied and upheld24 June 20263345459
    Land on South-East Side of Danebridge Road, Much Haddam, Hertfordshire, SG10 6EJ
  4. Planning permission granted24 June 20263342391
    Land South of Alston Oak, Harlow Road, Sawbridgeworth, CM21 0AJ
  5. Notice upheld15 June 20263375435
    Land at Mentely Lane West, Puckeridge, Ware, SG11 1US

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.

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