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Notice varied and upheld11 August 20223297730

Land at James Street, Middlesbrough, TS3 6LJ

Planning appeal 3297730 at Land at James Street, Middlesbrough, TS3 6LJ (Middlesbrough Council *) was allowed in part (a split decision) on 11 August 2022 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether a material change of use from storage (B8) to scrap metal yard (sui generis) has occurred.

Without planning permission, a change of use of the land has taken place from storage use (B8) to scrap metal yard (sui generis) with associated container units and floodlighting. The Change of use is contrary to paragraph 174 and 185 (a) of the NPPF and saved Policy DC1, Local Plan Policy DC1 (c),and saved policy DC1 (b)

Authority
Middlesbrough Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Merrett R
Postcode
TS3 6LJ

Main issues, as the Inspector framed them

  • Whether a material change of use from storage (B8) to scrap metal yard (sui generis) has occurred
  • Whether the use falls within Use Class B8 or constitutes a sui generis use
  • Whether the use is immune from enforcement action on the basis of ten years' continuous use
  • Whether the steps required by the enforcement notice exceed what is necessary
  • Whether the compliance period is reasonable

What decided it

Scrap metal storage, by its inherent nature, has distinctive noise and visual characteristics that distinguish it from other types of external storage within Use Class B8, making it a sui generis use requiring planning permission.

What the Inspector cited

Development plan policies
DC1Local Plan Policy DC1(c)saved policy DC1(b)
National Planning Policy Framework
Paragraph 174Paragraph 185

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Middlesbrough

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

  1. Dismissed16 July 20266004709
    13 Gypsy Lane, Marton, Middlesbrough, TS7 8NF
  2. Notice varied and upheld7 May 20263356620
    30 High Gill Road, Middlesbrough, TS7 0EA
  3. Allowed6 May 20266002036
    Land On The East Side Of Marton Road, Middlesbrough, TS4 3SE
  4. Notice varied and upheld29 April 20263377138
    71 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL
  5. Notice varied and upheld29 April 20263354109
    73 Cambridge Road, Linthorpe, Middlesbrough, TS5 5NL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.