®Planning appeal decision
Land at James Street, Middlesbrough, TS3 6LJ
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
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.
Framework references: 174, 185
Plan policies cited: DC1, Local Plan Policy DC1(c), saved policy DC1(b)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.