Meadgate Works, Meadgate Road, Nazeing, Essex, EN9 2PD

Authority: Epping Forest District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Major general industry/storage/warehousing
Inspector: Saward K

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action

What decided it

The credible and consistent testimony of two long-serving employees (since 1991 and 1993 respectively) that the factory had operated continuously between 5am and 12am Monday to Saturday throughout their employment, corroborated by batch system data covering 2002-2017, was sufficient to establish on the balance of probabilities that the 10-year immunity period had accrued.

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