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Dismissed22 August 20223271688

Stuarts Nurseries, 57 North Cray Road, Sidcup, DA14 5EU

Planning appeal 3271688 at Stuarts Nurseries, 57 North Cray Road, Sidcup, DA14 5EU (London Borough of Bexley) was dismissed on 22 August 2022 by Inspector Perkins L, by written representations. The main issue, as the Inspector framed it: Whether, if the Council had refused the application for a certificate of lawful use, that refusal would have been well-founded.

Mixed use of the identified land in connection with green waste processing, open storage and distribution

Authority
London Borough of Bexley
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Perkins L
Postcode
DA14 5EU

Main issues, as the Inspector framed them

  • Whether, if the Council had refused the application for a certificate of lawful use, that refusal would have been well-founded

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probability that the mixed use for green waste processing, open storage and distribution had subsisted for 10 years from 1 January 2003, given the contradictions between the claimed use and contemporaneous documentary evidence, aerial photographs, and enforcement records.

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More decisions in London Borough of Bexley

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld12 June 20263339536
    1 Evry Road, Sidcup, Kent, DA14 5PD
  2. Notice upheld22 May 20263370053
    55 Parkhurst Road, Bexley, Kent, DA5 1BA
  3. Notice varied and upheld26 February 20263359474
    1 Garden Avenue, Bexleyheath, DA7 4LH
  4. Notice varied and upheld9 February 20263369040
    178 and 178A Park View Road , Welling, Kent, DA16 1ST
  5. Notice upheld13 January 20263371631
    250 Sherwood Park Avenue, Sidcup, Kent, DA15 9JN

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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