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Dismissed6 September 20213272762

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

Planning appeal 3272762 at Former Polestar Foods Ltd, St Mary's Road, Leamington Spa, Warwickshire, CV31 1QB (Warwick District Council) was dismissed on 6 September 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the building can lawfully be used for Class B1 Use as a single unit or as 5 No. units.

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
Postcode
CV31 1QB

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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The authority’s record since 2016 · every decision in 2021

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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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