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Crosswait v Secretary of State for Communities and Local Goernment: Admn 12 Aug 2009

The claimant appealed against an enforcement notice. He had built a dwelling on land with only agricultural use allowed and without permission. He claimed that the land had been incorporated into a garden.
Held: An appeal would be hopeless. Leave was refused.
Behrens HHJ
[2009] EWHC 2119 (Admin)
Bailii
England and Wales
Citing:
CitedMcInerney v Portland Port Limited QBD 2001
In order to identify whether land comprises of garden, it is necessary not only to look at its appearance and its characteristics, but also to its use. . .
CitedRockall v Department for Environment, Food and Rural Affairs Admn 3-Jul-2008
The court gave guidance on the meaning of ‘garden’ in planning law. . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.372684 br>

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