MKA Planning has been successful in winning a planning appeal for a dwelling in the side garden of an existing dwelling for a private client.
The land for the dwelling was zoned as an area of zoned open space and the Department had refused the application due to the the loss of zoned open space.
However, a Certificate of Lawfulness (CLUED) established that the zoned open space had been incorporated within the curtilage of a private dwelling and used as private amenity space for more than 5 years establishing it as immune from enforcement.
The council was forced to withdrawn their refusal reasons and the appeal was allowed by the PAC.
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