®Planning appeal decision
Dismissed10 November 20233321746
Deer View, Wadborough Road, Kempsey, Worcs, WR5 3QH
for the established use of a vehicle repair workshop adjacent to Pattann Bungalow which has been in the same use since 1959. The submitted plans show the boundaries of the workshop site
- Authority
- Malvern Hills District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- employment-industrial · Minor retail and services
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can show that the lawful use sought occurred at least 10 years before the date of the application and that use continued without significant interruption thereafter so as to be immune from enforcement action
What decided it
The evidence was imprecise and ambiguous and did not demonstrate that the appeal site had been occupied and used as a vehicle repair workshop for a continuous 10-year period prior to the application, as required by section 171B(3) of the Town and Country Planning Act 1990.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.