Land Adj 58 Beckett Rd, Wheatley, Doncaster, South Yorkshire, DN2 4AJ

tyre storage and stock for retail tyre business

Authority: Doncaster Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Major general industry/storage/warehousing
Inspector: Harbottle M

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether the appellant can show on the balance of probability that the open-air tyre storage facility ancillary to the tyre fitting business is lawful due to the passage of time

What decided it

The appellant's evidence, unchallenged by any contradictory evidence, established continuous use for tyre storage since 1990, well before the 4 May 2010 relevant date, and the Council's failure to take enforcement action for over 10 years after that date.

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