Incidental dwelling use decision of former smallholding flawed

A planning inspector made an error in refusing to grant a LDC in respect of land adjoining a dwelling house which the owner had turned into one extensive garden regularly used for normal residential activities by him and his family. Mrs Justice Lang also held that the inspector had disregarded gardening activities when assessing incidental residential use, and the owner's use of the site as a place to stroll around, sit out and walk his dogs.

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