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.
Judges:
Latham LJ
Citations:
[2001] 1 PLR 104
Jurisdiction:
England and Wales
Cited by:
Cited – Rockall v Department for Environment, Food and Rural Affairs Admn 3-Jul-2008
The court gave guidance on the meaning of ‘garden’ in planning law. . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 15 May 2022; Ref: scu.373267