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Search the Public Notice PortalA Darwen householder can continue to use a strip of land as his garden and home to his shed, planners have ruled.
James Hogan applied to Blackburn with Darwen Council for a Lawful Development Certificate to continue to occupy the grassy open space next to his 38 Radford Street property and regularise the shed on it.
A planning officer’s report granting him permission said: “The application site relates to a strip of land adjacent to a two-storey end terrace dwelling positioned to the northern side of Radford Street within Darwen.
“The strip of land subject to this application is designated as green open space.
“Historically, a row of terrace dwellings continued to the top of Radford Street, however these have been demolished and replaced with green open space.
“This application seeks a Lawful Development Certificate to confirm and regularise the use of land as a residential garden and regularisation of the shed for a continuous period of the last 10 years or more till the point of receiving this application.
“In order for a Lawful Development Certificate to be granted, the Council must be satisfied that on the balance of probability the claims made are valid and that the breaches/uses have been established for the requisite 10- year period.
“If this is appropriately demonstrated, a certificate should be issued.
“The application is accompanied by evidence listed, including varied photographs, land registry title plans and application form.
“This application has been submitted on recommendation from the council’s Property Team as the land is/has been disposed of to the applicant.
“Verbal confirmation from officers within the team has also been received confirming the applicant has maintained the land subject to this application since 2003.
Included with the supporting evidence are multiple photographs dated back to 2003 and land registry title plans.
Officers added: “Together with this evidence, internal dialogue with Officers from the Property Team has confirmed the applicant has maintained the land continuously since 2003.
“As such, the evidence available is sufficient to confirm the use of the land as a garden and the erection of a shed for the last 10 years or more.
"Sufficient evidence is adequately available to support the applicant’s claim that the breach of the aforementioned condition has occurred since 2011 and now achieved immunity from enforcement action by virtue of time as it has surpassed the 10-year rule, and any enforcement action now would not be successful.”
