A Bracknell homeowner is delighted to have finally received a Lawful Development Certificate for a section of land that fell within the property’s boundaries but which the Council claimed was amenity land.
The piece of land had been used as residential garden space for more than 30 years but earlier this year the Council contact the homeowner to advise her that the land was considered to be amenity land. It was at this stage that the homeowner brought in ET Planning to obtain a lawful development certificate.
The Council initially refused the lawfulness development certificate claiming that the land had not been in use for the required period of time. They referenced that a planning application for the homeowner’s site was put forward in 2017 which reference the plot of land in question as ‘amenity land’.
On behalf of their client, ET Planning submitted an Appeal detailing a number of key points including case law examples on curtilage and amenity land, evidence that the homeowner had resided in the property since 1985 and how they had used the land during their occupation of the property.
As part of the appeal process a planning inspector was brought in to review the case and make a decision as to how to move forward.
The independent inspector fully supported the case that was put forward by ET Planning and even went as far as to say in the closing report that “the Appellant’s evidence is clear and unambiguous whereas the Council’s case is based on conjecture and is not substantiated by evidence.
“The land is not designated as ‘amenity land’ nor is it available for use as amenity land, and reference to the land as being amenity land in an Officer Report for a planning application submitted in 2017 does not at all justify a conclusion that the land is amenity land.
“The land is not amenity land and was in use as residential garden space for the ten year period prior to the date of the application and probably since 1985”.
A positive outcome for the client
The appeal succeeded and provided a fantastic result for the client who now has a lawful development certificate for the land. The client can now be assured that their site, and its boundaries, are no longer in question.
What is a lawful development certificate?
A lawful development certificate confirms that the current use of a site is lawful for planning purposes. It is usually granted is granted when it can be evidenced that the land had been in use for more than 10 years.