When is Existing Use designated (Amenity v Residential)?

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  • When is Existing Use designated (Amenity v Residential)?

    Hi All,

    I'm looking to extend my driveway sideways to create a double width space, however the land to the side (I own) is currently behind an open fence. Having spoken to the planners, they were unclear as to whether I could use the land as it may be classed as Amenity land.

    From what they said however, it's only once I put in an application for permitted development, that they would decide on whether it was Residential or Amenity land and that in their words "We wouldn't currently have anything on file to show what it's currently designated as".

    I have the original application for the development of the entire house/land, and the area concerned is not shown to be any different to any other part of the front garden etc.

    So my question is... at what point do they decide whether an area is amenity land or not?
    I don't want to apply for permission, only for them to then decide that it's amenity land, if I could theoretically do the work anyway as they would have no proof that the land was previously designated as Amenity land?

    Any input would be much appreciated!


  • #2
    You can ask for Certification re current designation, I think, which puts Local Planning Authority to proof of its status before you seek permission to develop.
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