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Planning appeal decision

Quashed On Legal Grounds4 August 20223254396

The Land known as Romford Halal meat Company / Palmers Wholesale Butchers, Folkes Lane, Upminster, RM14 1TH

without the benefit of planning permission, the material change of use of part of the land for residential use through the siting of eight mobile homes for residential use

Authority
London Borough of Havering
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Thompson F

Main issues, as the Inspector framed them

  • Whether the mobile homes constitute caravans (a use of land) or operational development (buildings), for the purposes of the appeal on ground (b)
  • Whether it was too late for the Council to take enforcement action because the breach of planning control had subsisted for more than ten years, for the purposes of the appeal on ground (d)

What decided it

The evidence showed, on the balance of probabilities, that the mixed use of the land as an abattoir with five mobile homes had continued substantially unbroken for more than ten years, and that the later addition of three further mobile homes did not constitute a material change of use, so the use was immune from enforcement action.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.