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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - February

Garden Land sold separately without dwelling

Rachel Topps, modified 3 Years ago.

Garden Land sold separately without dwelling

New Member Posts: 17 Join Date: 16/04/20 Recent Posts

There seems to be confusion everywhere with regard to what Garden Land can be used for once no longer attached to a dwelling. (Assuming it is. not to be used for development). I believe planning authorities consider it has had a change of use when no longer attached to a dwelling. But to what? What does it become? Is planning permission required just to continue using it as a garden? How do planners regard this? HMRC regard garden land sold without a dwelling as residential land, in respect of SDLT.  Would that therefore be sufficient legislation to apply to planning decisions? There has been no change of use if still using it as a garden? 

Any comments much appreciated.

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