Paddock House, Bagby, THIRSK, YO7 2PH

without planning permission, the material change of use of the land from use for agriculture to a builder’s storage yard

Authority: Hambleton District Council *
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: employment-industrial · Change of use
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether a material change of use of the land from agriculture to a builder's storage yard had taken place for a continuous ten year period and hence is lawful by virtue of section 171B(3) of the Act
Whether the period specified in the enforcement notice for compliance falls short of what should reasonably be allowed

What decided it

The appellant failed to prove on the balance of probabilities that a material change of use of the land to a builder's storage yard had occurred continuously for ten years, as the evidence showed the land was primarily agricultural in summer 2021 with only intermittent storage activity prior to that date.

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