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Planning appeal decision

Notice upheld31 January 20243322719

Land south of Primrose Lane , Mirfield , West Yorkshire , WF14 0DN

without the benefit of planning permission, the material change of use of the site to storage (including but not limited to, shipping containers, wooden palettes, processed logs, plastic containers, water pipes, building materials and lorry backs) alongside the erection of a metal clad building, engineering operations to raise land levels and installation of a retaining wall to facilitate the storage use

Authority
Kirklees Metropolitan 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 the matters alleged constitute a breach of planning control (ground c)
  • Whether at the date the notice was issued, enforcement action could be taken (ground d)
  • Whether the compliance period of 60 days is reasonable (ground g)

What decided it

The appellants failed to demonstrate that the material change of use to storage had been carried out continuously for ten years, and the evidence showed the change of use occurred within the last few years, therefore the enforcement notice was upheld.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.