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Planning appeal decision

Quashed On Legal Grounds11 April 20223283505

Land & Buildings Between 4-6 Albert Street, Cudworth, S72 8AP

Planning appeal 3283505 at Land & Buildings Between 4-6 Albert Street, Cudworth, S72 8AP (Barnsley Metropolitan Borough Council) was decided (quashed on legal grounds) on 11 April 2022 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the character of usage of the activities at the premises fall outside of a Class B General Industrial use.

as follows: The material change of use of the land to one of a mixed usage of repair of motor vehicles (B2 General Industrial) and a Sui Generis use for the undertaking of horsebox conversions and the related fabrication of motor vehicles

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Wharton T
Postcode
S72 8AP

Main issues, as the Inspector framed them

  • Whether the character of usage of the activities at the premises fall outside of a Class B General Industrial use

What decided it

The horsebox conversion activities constitute the altering and rebuilding of motor vehicles, which fall unambiguously within Class B2 General Industrial use as established by the 1999 LDC, and therefore no breach of planning control has occurred.

The decision letter

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The authority’s record since 2016 · every decision in 2022

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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.

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