Deer View, Wadborough Road, Kempsey, Worcs, WR5 3QH

Planning appeal 3321746 at Deer View, Wadborough Road, Kempsey, Worcs, WR5 3QH (Malvern Hills District Council) was dismissed on 10 November 2023 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 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.

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
Postcode: WR5 3QH

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 decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

11 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Malvern Hills

The authority’s record since 2016 · every decision in 2023

Notice varied and upheld20 August 20263376591
54 Malvern Road, Powick, Worcester, WR2 4RT
Allowed2 April 20263363143
Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
Notice upheld25 March 20253346544
Land Adjoining Fartown Farm, Pensax, Abberley, Worcester, WR6 6AE
Split Decision18 November 20243342762
Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
Planning permission granted18 September 20243334212
Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS

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.