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

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

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.

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