Kings Arms, 21 Redhouse Road, STOURPORT-ON-SEVERN, DY13 0NN

the use of the land in breach of condition 6 to the planning permission issued on 15 th January 1991 under reference WF 941/90

Authority: Wyre Forest District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: leisure-sport · Major retail and services
Inspector: Jones D

Main issues, as the Inspector framed them

Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate on the balance of probabilities that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action

What decided it

The evidence demonstrated on the balance of probabilities that the land was used for purposes ancillary to the public house continuously for at least ten years from around 2009, constituting a continuous breach of condition 6 immune from enforcement action.

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