Garden landLast week we were pleased to achieve a Certificate of Lawful Existing Use or Development (CLEUD) increasing the lawful use of a client’s garden by 48 per cent.

The client had purchased the property near Sittingbourne in 2006 however there was always uncertainty over a large area of garden adjoining their house.

Patrick Durr Associates sought to regularise the use of the land as domestic garden, however it was not as straightforward as others we have achieved. For this application we had to demonstrate evidence of the lawfulness through a number of techniques as no single option provided the satisfactory burden of proof. Consequently, we presented the following:

  • The continual use as garden land via a sworn statement by the owners (covering nine years) and a sworn statement by the retained gardener (covering 12 years).
  • Established via historical deeds that the land was in the same ownership and described as part of the garden before 1 July 1948 (the appointed day).
  • Presented via aerial photographs and the existing site layout that the land and dwelling is in the same planning unit as per caselaw precedent.

In summary, the Swale Borough Council agreed that our evidence overwhelmingly supported the lawful use of the land as garden. The client can now continue to use the land, erect garden outbuildings, construct a swimming pool or even site an ancillary caravan or office on the land without fear of planning enforcement. This was a well worth exercise for the client which will avoid solicitor pain when selling the property and opens the door to a plethora of potential uses.

If you have a similar garden issue or require assistance establishing an existing use Contact Patrick Durr Associates.