®Planning appeal decision
Chobham Car Spares, Clearmount, Chobham, WOKING, GU24 8TP
Without planning permission the material change of use of land from the activities described under Lawful Development Certificate for Existing Use (reference 94/0432) to the storage and distribution of scaffolding materials, including the unauthorised erection of metal sheet storage buildings in connection with this use (Site Area ‘B’). The material change of use of the land to a commercial used car storage and sales business for visiting members of the public (Site Area A) and the material change of use of the land (Site area C) to open air storage of heavy industrial plant and machinery
- Authority
- Surrey Heath Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether the enforcement notice is valid and not a nullity
- Whether the alleged breaches of planning control have occurred
- Whether the alleged breaches constitute material changes of use
- Whether enforcement action was time-barred in respect of Area A
- Whether the use of Area B for scaffolding storage and distribution is lawful
What decided it
The appellants demonstrated through statutory declarations that the mixed use of the site including vehicle sales had been continuous for over 10 years prior to the enforcement notice, rendering enforcement action time-barred under section 171B(2) of the 1990 Act.
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.