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Planning appeal decision

Notice varied and upheld14 August 20243328124

Darcy's Place, Little Broomfield, Church Lane, Wormley , EN10 7QF

without planning permission the material change of use to commercial use of land consisting of open commercial storage (Use Class B8), industrial purposes (Use Class B2) and waste transfer purposes and associated operational development

Authority
Broxbourne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Jones R

Main issues, as the Inspector framed them

  • Appeal A Ground (d): Whether at the time the enforcement notice was issued it was too late to take enforcement action
  • Appeal A Ground (f): Whether the requirements of the enforcement notice are excessive to remedy the breach of planning control
  • Appeal A Ground (g): Whether the two months given to cease the use is too short
  • Appeal B: Whether the use of land for builders yard, open and covered storage is lawful under section 191(1)(a) of the Town and Country Planning Act 1990

What decided it

The appellant's own acceptance that the use diversified and intensified from late 2018/early 2019, commencing well after the 10-year immunity threshold, and that the subsequent mixed use supplanted any earlier lawful use.

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.