®Planning appeal decision
Bridge Farm, Gull Bank, Whaplode Drove, SPALDING, PE12 0SS
without planning permission the material change of use of the land from use for agriculture to a mixed use consisti ng of the following uses: (a) to a vehicle repair business and associated storage of scrap vehicles, machinery and other paraphernalia at building no.1 shown edged blue on the attached plan no.2; (b) to residential use at building no.2 shown edged pink on the attached plan no.2; (c) to non-agricultural storage at building no.3 shown edged green on the attached plan no.2; (d) the storage of scrap vehicles on the land; and (e) a mini digger/plant hire business on the land
- Authority
- South Holland District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Rogers B
Main issues, as the Inspector framed them
- Whether the alleged breach of planning control has taken place as a matter of fact (ground b)
- Whether the alleged breach constitutes a material change of use requiring planning permission (ground c)
- Whether the mixed use commenced more than 10 years prior to the enforcement notice and subsisted throughout that period (ground d)
What decided it
The appellant failed to demonstrate on the balance of probability that the mixed use commenced more than 10 years prior to the enforcement notice and subsisted throughout the relevant 10-year period, with evidence showing a material change in the level and intensity of use from around 2014 onwards.
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.