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Dismissed29 February 20243330560

Mainyard, Lodge Trading Estate, Broadclyst Station, EX5 3BS

Planning appeal 3330560 at Mainyard, Lodge Trading Estate, Broadclyst Station, EX5 3BS (East Devon District Council) was dismissed on 29 February 2024 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate was well founded.

Continued use of storage and distribution (Class B8)

Authority
East Devon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Moss J
Postcode
EX5 3BS

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate was well founded
  • Whether there has been a material change of use of the land to a use for storage and distribution (Class B8)
  • If there has been a material change of use, whether this use has continued substantially uninterrupted for a period of 10 years or more

What decided it

The appellant's evidence was imprecise and ambiguous, and aerial photographs contradicted claims of substantial commercial activity on the appeal site, with most documented activity occurring on adjoining land that was the subject of a separate lawful development certificate.

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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