Chobham Car Spares, Clearmount, Chobham, Woking, GU24 8TP

Planning appeal 3301643 at Chobham Car Spares, Clearmount, Chobham, Woking, GU24 8TP (Surrey Heath Borough Council) was decided (quashed on legal grounds) on 8 May 2024 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and not a nullity.

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
Postcode: GU24 8TP

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 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.