Gardenlover

Yes. One neighbour is in the same position. Since we both have to pay £462 each for and LDC. How about one of us applies for both areas out the back. So behind each garden. Would cut cost in half....?

Thanks for the replies. My main issue is then proving use of the land as a garden. Unfortunately I have no documentary or photographic evidence. All I would have is affidavits from two neighbours. Would this be enough? I don't want to pay £462 if I stand no chance.... I do have a photograph of the log store from about 8 years ago, would this help? I remember quite a few years ago I did download details for the area from Land Registry. I don't think it helped but will hunt it out again. Maybe the registry has changed,would it be worth having a look again? Thanks Stephen

Hi There is a strip of land that runs along the rear of the properties in the street we live. The land was originally bought by the housing estate builder when the estate went up. I believe the land was set aside as a natural area between two phases of the estate and along the public footpath that runs between them. The land used to get strimmed for a couple of years after we moved in, then this stopped, presumably due to inaccessibility. Without our using or maintain the land, we would have had huge tees over hanging our garden by now. For over 10 years we have been using the part of the land to the rear of our property for various activities garden related. The are is about 10m wide x 4m deep. Then a further 3m is a public footpath running down the 10m length. The land has a lot of trees, some up to 25ft. It can also get very overgrown with weeds. The public footpath is not very visible from the land as there are a lot of branches blocking the view both in and out. We have been using the land for BBQs, fire pits, storage and log store for over 10 years. About 5 years ago I put a shed on the land, with access from our garden. The front of the shed is plane with our garden fence, so it's sticks out into the land. The shed can barely be seen from the footpath. I have always opposed putting a fence around it, despite suggestions from other neighbours. I don't intent to put anything else on the land. I have tried to find out who owns the land in an attempt to buy it. But the builder went bust so I have never made any progress. Unfortunately, the council has received a complaint that some residents (there are others who have cut trees down) are taking over the land. The council has contacted me and claims a change of use of land has taken place. They don't seem concerned about the neighbours cutting down trees or maintain the land. They have advised me to apply for planning permission under the 10 year rule or a lawful development certificate. Both at a cost of £462! Can someone confirm whether the 4 year rule applies to anything in my situation? I am also aware of adverse possession. Am I right in saying they are different. AP deals with ownership of the land, whereas change of use is planning. I have not fenced it off over the 10 years so don't think I have a claim on that. However, even if I did, I would still need planning permission for a change of use, is this correct? So my situation is purely planning and getting that approved, whether I own the land or not? I can't prove that I have been using the land as garden for over 10 years as I have no photos, documents or anything. There is a photo of the kids in the log store from about 9 years ago. The best I can manage are the neighbours signing an aphidavit to say I have used it as a garden for over 10 years. My Preffered option would be a LDC, but I don't want to spend £462 with no hope of getting approval. What are my chances with the limited evidence and my circumstances, am I wasting my money? What else could I do to improve my chances? Thanks Simon