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Planning appeal decision

Quashed On Legal Grounds22 January 20243326649

Land South of Darby Drive, Spinney Lane, Welwyn, Hertfordshire, AL6 9TB

Planning appeal 3326649 at Land South of Darby Drive, Spinney Lane, Welwyn, Hertfordshire, AL6 9TB (Welwyn Hatfield Council) was decided (quashed on legal grounds) on 22 January 2024 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged in the notice (the change of use to a mixed use of vehicle storage, vehicle breaking yard and vehicle recovery business) have occurred as a matter of fact (ground (b)).

Without planning permission, the unauthorised change of use from vehicle storage to a mixed use of vehicle storage, vehicle breaking yard and vehicle recovery business within the last 10 years

Authority
Welwyn Hatfield Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Harbottle M
Postcode
AL6 9TB

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice (the change of use to a mixed use of vehicle storage, vehicle breaking yard and vehicle recovery business) have occurred as a matter of fact (ground (b))

What decided it

The Inspector found that the actual unauthorised activity on site (storage and sale of vehicle parts) was of a materially different character from the mixed use of vehicle storage, vehicle breaking yard and vehicle recovery business alleged in the notice, so the alleged breach had not occurred as a matter of fact.

The decision letter

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More decisions in Welwyn Hatfield

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld15 December 20253353784
    2 Wych Elm Lane, Welwyn, AL6 9TG
  2. Notice upheld14 January 20253315172
    4 The Chase, Welwyn, AL6 0QT
  3. Quashed On Legal Grounds10 December 20243314775
    Four Oaks, Great North Road, Welwyn, Hertfordshire, AL6 0PL
  4. Dismissed3 December 20243343212
    Flint Cottage , Warrengate Lane, South Mimms, Hertfordshire, EN6 3NN
  5. Notice varied and upheld19 January 20233267086
    Land on the North-West Side of The Ridgeway, Northaw, EN6 4BQ

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.

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