Man can't use land as garden despite doing so for 27 years

Paul Knappett had sought confirmation from Chichester District Council that the entirety of a lawn behind his property at Kellys Nursery in Bell Lane, Birdham, east of West Wittering, could lawfully continue to be used as a domestic garden.

The land comprises a fenced off section of lawn, with a larger section directly behind.

Mr Knappett said he and his family had used the whole area as a garden since at least July 1999, and that the use had continued thereafter.

But Chichester District Council refused a certificate for lawful use, saying the evidence provided did not establish continuous garden use across the whole site for ten years.

Councillors said the fenced off land (in red) had been demonstrated as a garden but the rest (in blue) had not (Image: Google)

Mr Knappett's statement said his family had previously lived in a mobile home on the lawn before moving into a house on the site around 20 years ago.

He argued that the family's use of the land, which had included children's play, badminton, caring for dogs and family gatherings, had continued throughout this period.

Council officers accepted that use of part of the land as a residential garden had been demonstrated, but said there were gaps in the evidence for the rest.

They added that photographs of birthdays, anniversaries and weddings showed use of a larger area, but were more indicative of occasional events than continuous garden use.

An image submitted as evidence of the land being used as a garden in 2004 (Image: Paul Knappett)

A council report also pointed to plans submitted for the house in 2002, which it said did not show the entire application area as garden land.

A previous application for a certificate of use covering the same land was similarly refused in May.

Mr Knappett has the option to lodge an appeal against the decision.