®Planning appeal decision
Dismissed6 January 20233280927
Lodge Farm, Epping Green, SG13 8NQ
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
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.
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.