Homeowners win appeal to use farmland as garden two decades after boundary dispute with sugar beet factory

A Government planning inspector gave the couple permission to keep using the patch of former farmland as a garden after their application was thrown out by the local authority.

The 1,236-square-metre patch of land next to the home in Allscott near Wellington was the subject of a boundary dispute two decades ago.

According to documents, the land had been used for agricultural purposes by British Sugar PLC, on the site of the Allscott Sugar Beet Factory. 

But in 2005, the homeowners found documentation that demonstrated the land was actually part of their property.

Conceding the land, British Sugar asked the tenant farmer to vacate the area, and recommended the homeowners install a boundary fence around the land.

In 2023 the homeowners approached Telford & Wrekin Council, asking for permission to officially change the use from agricultural to residential, but the local authority denied the application.

Despite homeowners submitting photographs of the fenced-off and mown land dating back to 2009, the council argued that the homeowners had not proven that the parcel of land had been used as a private garden for more than 10 years - the requirement for the change of use. 

Now a Government planning inspector has ruled that enough proof has been provided, and the couple have been granted the change of use. 

In the report, Inspector M Savage said there was enough evidence that the site had been fenced off since April 2009, and had been used by the appellant for purposes "which are incidental to their enjoyment of the dwellinghouse".

The inspector concluded: "Significantly, there is no evidence to show it has been used for any other purpose since April 2009, or to contradict the appellant’s case that the land has been used as a residential garden for more than 10 years at the date of the application.

"I conclude, on the evidence now available, that the council’s refusal to grant a certificate of lawful use or development for use of the land is not well-founded and that the appeal should succeed."

The full application and appeal decision is available to view on Telford & Wrekin Council's planning portal using reference number TWC/2023/0807.

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