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Planning appeal decision

Dismissed10 September 20213275709

Land South of Cranberry Fold Court, DARWEN, BB3 2HX

the erection of an agricultural storage building and access track

Authority
Blackburn with Darwen Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
agricultural · Minor general industry/storage/warehousing
Inspector
Hitchcock R

Main issues, as the Inspector framed them

  • whether or not the proposed development benefits from the provisions of Schedule 2, Part 6, Class A of the GPDO
  • if so, whether the siting, design and appearance of the building are appropriate in their contexts

What decided it

The appellant failed to demonstrate that the land was in established use for the purposes of an agricultural trade or business as required by paragraph D.1 of Part 6 of the GPDO, and therefore the development did not benefit from permitted development rights.

Judgments cited: New World Payphones Ltd v Westminster City Council [2019] EWCA Civ 2250; R (oao Marshall) v East Dorset DC & Pitman [2018] EWHC 226 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.