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Quashed On Legal Grounds30 August 20223296819

Land at Ash Lane, Garforth, Leeds, LS25 2HH

Planning appeal 3296819 at Land at Ash Lane, Garforth, Leeds, LS25 2HH (Leeds City Council) was decided (quashed on legal grounds) on 30 August 2022 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the change of use alleged in the enforcement notice is immune from enforcement action on the basis that the use had subsisted for a ten-year period beginning with the date of the breach of planning control.

Material change of use of vacant land to a Scaffolding and Builders' yard (Sui Generis use) and siting of storage containers and a portable building

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hainsworth D
Postcode
LS25 2HH

Main issues, as the Inspector framed them

  • Whether the change of use alleged in the enforcement notice is immune from enforcement action on the basis that the use had subsisted for a ten-year period beginning with the date of the breach of planning control

What decided it

The appellants demonstrated on the balance of probabilities that the use as a builder's yard had subsisted continuously for ten years from 2009, making it immune from enforcement action by 2019.

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.

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