®Planning appeal decision
28 Haslingden Drive, BRADFORD, West Yorkshire, BD9 5HR
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
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.
Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630
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.