Lodge Farm, Epping Green, SG13 8NQ

Planning appeal 3280927 at Lodge Farm, Epping Green, SG13 8NQ (Welwyn Hatfield Council) was dismissed on 6 January 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use for the use of the building under Class B8 of the Use Classes Order as a storage and distribution warehouse was well-founded, turning on whether the use changed to Class B8 at least ten years before the application date and continued without material interruption, and whether there was positive deception disentitling the appellant from relying on the enforcement immunity provisions.

retention of barn as a B8: Storage and Distribution warehouse for a period of more than 10-years

Authority: Welwyn Hatfield Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Minor general industry/storage/warehousing
Inspector: Jones R
Postcode: SG13 8NQ

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use for the use of the building under Class B8 of the Use Classes Order as a storage and distribution warehouse was well-founded, turning on whether the use changed to Class B8 at least ten years before the application date and continued without material interruption, and whether there was positive deception disentitling the appellant from relying on the enforcement immunity provisions

What decided it

The building was used for Class B8 purposes from its completion in March 2009, so there was no material change of use to Class B8 occurring at least ten years before the application date, and therefore the use could not become immune from enforcement action under s171B(3) of the 1990 Act.

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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.