249 and 251 Pitsmoor Road, SHEFFIELD, S3 9AQ

Main issues, as the Inspector framed them

• Whether the use had been continuing for a period of at least 10 years at the date of issuing the enforcement notice (ground d)
• Whether the use is in keeping with the residential character of the area (ground a)
• Whether it is detrimental to the setting of the listed buildings at 249, 251, 253 Pitsmoor Road and Christ Church (ground a)
• Whether it is harmful to the residential amenity of occupiers of nearby residential property by way of commercial traffic, noise, fumes and general commercial and customer activity (ground a)
• Whether it results in acceptable residential garden amenity space to the occupiers of the houses in multiple occupation at 249 and 251 (ground a)

What decided it

The appellant failed to prove the car sales use had been occurring for 10 years, and the use causes significant harm to the setting of the listed building that cannot be mitigated by conditions.

The contribution of any economic benefit from the car sales use was outweighed by the significant harm to the setting of the listed building and the character of the area, with no material considerations justifying a decision contrary to the development plan.