Plum Tree Cottage, Lyth, KENDAL, LA8 8DD

described as ‘land adjacent to Plum Tree Cottage being used as a garden’

Authority: Lake District
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 Authority's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether on the date of the LDC application the red edged land shown on the location plan accompanying the LDC application was lawfully a garden

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate continuous ten-year use of the land as a garden, particularly for the period before 2017.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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