28 Haslingden Drive, Bradford, West Yorkshire, BD9 5HR

Planning appeal 3272253 at 28 Haslingden Drive, Bradford, West Yorkshire, BD9 5HR (City of Bradford Metropolitan District Council) was allowed on 28 September 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is flawed on grounds of ambiguity or description.

the material change of use from residential dwellinghouse (C3) to a mixed use of residential dwellinghouse (C3) and storage and distribution of motor vehicle parts (Sui Generis)

Authority: City of Bradford Metropolitan District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: employment-industrial · Change of use
Inspector: Phillips A
Postcode: BD9 5HR

Main issues, as the Inspector framed them

Whether the enforcement notice is flawed on grounds of ambiguity or description
Whether a material change of use from residential to mixed use residential and storage/distribution of motor parts has occurred as a matter of fact
Whether at the time the notice was issued, enforcement action could be taken on the ground that the use had continued for 10 years or more

What decided it

The appellant's statutory declarations from three independent witnesses and his own evidence, which were sufficiently precise and unambiguous and uncontradicted by the Council, demonstrated on the balance of probabilities that the material change of use had commenced before 18 February 2011 and continued continuously, thereby acquiring ten-year immunity from enforcement action.

What the Inspector cited

Judgments: Gabbitas v SSE & Newham LBC [1985] JPL 630

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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.