Getting land designated as previously developed land

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Estelle2307
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Getting land designated as previously developed land

Post by Estelle2307 » Thu Mar 01, 2018 12:48 pm

I wonder if I could have some advice please
We bought a property that came with its original garden plus a parcel of additional adjoining land which was bought separately by the previous owners and has its own title. This additional land was bought 11 eleven years ago and was fenced and used as an addition to the existing garden. It was laid to grass, had flower borders, etc etc.
We hoped to get planning permission to build our own house on this land as we believed its lawful use after ten years as a garden was as residential garden so could be considered brownfield and part of the "planning unit" with the house. Separately we bought a bit of extra garden from a neighbour who had also been using her own land as garden for ten years, although this land was not in a good state and she has spent many years improving drainage, clearing scrub and old trees and getting it nice but little paper evidence of when this process started. The planning officer says neither parcel of land has designated garden use at present.
We have sent deeds, aerial photos, stat declaration about our land. The house would be built on our additional land with the new neighbour's garden forming garden to the new house.
Does the entire new plot have to fulfil the criteria of residential garden use to be considered brownfield and so suitable for consideration under SS6? Or is it enough that we can prove it for our land?
The planning officer is suitably vague so its difficult to know what we need to do.

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