Former Polestar Foods Ltd, St Mary's Road, Leamington Spa, Warwickshire, CV31 1QB

the building can be used entirely for Class B1 Use as a single unit; and the building can be used entirely for Class B1 Use as 5 No. Units

Authority: Warwick District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether the building can lawfully be used for Class B1 Use as a single unit or as 5 No. units

What decided it

The appellant failed to demonstrate on the balance of probabilities that the building can be used for Class B1 Use as a single unit or as 5 No. units, because the existing lawful use and the planning permission both relate to a mixed B1/B2/B8 use which does not benefit from the exemption in section 55(2)(f) of the Act.

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