The Stone Barn, Noble Street, Sherston, Wiltshire, SN16 0NA

Authority: Wiltshire Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Change of use
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether the council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether the proposed use for Class E would be lawful given the previous use, and whether installation of a mezzanine floor involves development or requires planning permission

What decided it

The subdivision and sale of the land created a new planning unit for the appeal building, and as it had only served ancillary purposes to the primary retail use, the loss of that primary use through implementation of planning permissions for different uses of the main buildings extinguished any use rights and required planning permission for the proposed Class E use.

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