Ivanhoe Nurseries , Ironwell Lane, HOCKLEY, SS5 4JY

the change of use of an agriculture building to dwellings class Q(a) only

Authority: Rochford District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Major general industry/storage/warehousing
Inspector: Walker A

Main issues, as the Inspector framed them

Appeal A: whether or not the Council's deemed refusal of the LDC application was well-founded
Appeal B: whether or not the proposed development would be granted planning permission by Article 3(1), Schedule 2, Part 3, Class Q.(b) of the GPDO

What decided it

Appeal A: the use had commenced before the certificate of lawful use application was made, which is a legal bar to certification under section 192(1)(a). Appeal B: the extent of demolition required exceeds the incidental works permitted under Class Q.(b) of the GPDO.

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