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Change of use of land to garden?

If you own any agricultural land in addition to your garden, you might want to explore the possibility of enlarging your garden. There are 2 ways to do this:

  1. Apply for planning permission for a proposed change of use of land from agricultural to residential garden. You will need to provide plans showing the area subject to the change of use application and an accompanying justification in planning terms. This should take the form of a Planning Statement.

  2. You may already have been using an area as garden without planning permission for some time. If this is the case and this use has going on for at least 10 years without interruption or intervening use, you could apply for a Lawful Development Certificate for the existing use of land as residential garden.

A planning application for the change of use of land to garden will be decided based on planning policy and other material considerations. The granting of a Lawful Development Certificate, on the other hand, is a legal matter and will be decided based on the evidence submitted.

We have recently obtained a Lawful Development Certificate for the use of the land in the foreground of the above photograph as garden. This has regularised the existing use of this land and more than tripled the size of the applicants' garden adding considerable value to the house.

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