The following Planning Q&A Produced in partnership with Kevin Leigh of No 5 Chambers provides comprehensive and up to date legal information covering:
In answering this Q&A we have assumed that by referring to the classification of land as a garden, the lawful use of land is for purposes falling within Use Class C3 (use as a residential dwellinghouse).
For planning purposes, a garden is generally considered to mean land that is used in conjunction with the residential use of the dwellinghouse. Whether land planted with trees can be considered to form part of a garden is a matter of fact and degree. The decision maker will look at the relationship between the dwellinghouse and the land, and its history and character. The following factors might indicate that land is in fact a garden:
if any planning permission granted in respect o
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