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Planning appeal decision

Allowed15 September 20213274241

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

Planning appeal 3274241 at Land Adj 58 Beckett Rd, Wheatley, Doncaster, South Yorkshire, DN2 4AJ (Doncaster Metropolitan Borough Council) was allowed on 15 September 2021 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
DN2 4AJ

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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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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