®Planning appeal decision
Land at Blanchard Wells Ltd,The Meadows, Forester Road, Soberton Heath, Hampshire, SO32 3QG
without planning permission, the material change of use of the Land to storage (B8); together with operational development which facilitates the change of use of the Land
- Authority
- Winchester City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether the matter alleged in the notice has occurred as a matter of fact (ground (b))
- Whether, at the date when the notice was issued, no enforcement action could be taken in respect of the corrected breach of planning control because it had continued for at least 10 years without significant interruption (ground (d))
What decided it
The appellant's witness and aerial photographic evidence, unchallenged by the Council, established that the corrected use as an extension to the builder's yard had continued for more than 10 years without significant interruption, rendering the breach immune from enforcement.
Judgments cited: Burdle v SSE [1972] 1 WLR 1207 (Div Court)
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.