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Dismissed6 September 20213271407

Brookside Lower Heath, Prees, Whitchurch, SY13 2BT

Planning appeal 3271407 at Brookside Lower Heath, Prees, Whitchurch, SY13 2BT (Shropshire County Council) was dismissed on 6 September 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the repair, maintenance and storage of heavy goods vehicles began more than 10 years before the date of application and continued for a period of 10 years thereafter without significant interruption.

repair, maintenance and storage of heavy goods vehicles

Authority
Shropshire County Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Major retail and services
Inspector
Savage M
Postcode
SY13 2BT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the repair, maintenance and storage of heavy goods vehicles began more than 10 years before the date of application and continued for a period of 10 years thereafter without significant interruption

What decided it

The appellant failed to demonstrate on the balance of probabilities that the site was used continuously for repair, maintenance and storage of HGVs throughout the 10-year period, as evidenced by limited documentation, zero electricity consumption in 2012, and local residents' testimony indicating activity increased significantly only after 2018.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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