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Allowed7 October 20243314398

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

Planning appeal 3314398 at The Stone Barn, Noble Street, Sherston, Wiltshire, SN16 0NA (Wiltshire Council) was allowed on 7 October 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.

Use of premises for Class E (Commercial, Business & Service) and installation of a mezzanine floor

Authority
Wiltshire Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Hanson S
Postcode
SN16 0NA

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.

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.

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