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Planning appeal decision

Allowed18 June 20243328561

Powderworks Lane, Melling , Liverpool, L31 1AU

Planning appeal 3328561 at Powderworks Lane, Melling , Liverpool, L31 1AU (Sefton Metropolitan Borough Council) was allowed on 18 June 2024 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether there is sufficient precise and unambiguous evidence to justify a conclusion that, on the balance of probability, the land has been in continuous use for 'B8 – Storage or Distribution' for a period in excess of ten years prior to the date of the application, and if not then whether the established lawful use has been abandoned.

Certificate of Lawful Use for Class B8 – Storage or Distribution use

Authority
Sefton Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Minor general industry/storage/warehousing
Inspector
Braithwaite J
Postcode
L31 1AU

Main issues, as the Inspector framed them

  • Whether there is sufficient precise and unambiguous evidence to justify a conclusion that, on the balance of probability, the land has been in continuous use for 'B8 – Storage or Distribution' for a period in excess of ten years prior to the date of the application, and if not then whether the established lawful use has been abandoned

What decided it

The cumulative weight of evidence from Mrs Doyle's statement, five properly sworn Statutory Declarations, corroborating statements from neighbouring businesses, and the Council's own comments on aerial photographs from 2010–2019 established on the balance of probability that the land had been in continuous Class B8 storage use for more than ten years prior to the application date and had not been abandoned.

The decision letter

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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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