Fenns Lane Nursery, Fenns Lane, West End, Woking, GU24 9QE

Planning appeal 3281220 at Fenns Lane Nursery, Fenns Lane, West End, Woking, GU24 9QE (Surrey Heath Borough Council) was dismissed on 4 April 2023 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control as stated in the enforcement notice is correct.

Without planning permission, the use of buildings on the site known as Buildings B, C, D and E (as identified on the attached Site Location Plan and coloured blue) as general industrial and storage uses. The stationing of a number of containers used for storage and general industrial uses, and storage of vehicles on associated hardstandings. The use of car parking and circulation areas ancillary to the unauthorised uses of the site

Authority: Surrey Heath Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: employment-industrial · Change of use
Inspector: Moss J
Postcode: GU24 9QE

Main issues, as the Inspector framed them

Whether the alleged breach of planning control as stated in the enforcement notice is correct
Whether the use of buildings B, D and E and storage land has been continuous for 10 years and is therefore immune from enforcement action
Whether the use of buildings B, D and E and storage land was lawful at the date of the LDC application

What decided it

The appellant successfully demonstrated through statutory declarations, financial records and corroborative evidence that buildings D and E and the vehicle storage land had been continuously used for Class B8 storage purposes for more than 10 years prior to the relevant dates, rendering these uses lawful and immune from enforcement action.

The decision letter

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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.