Broadway Farm, Broad Oak, Botley, SOUTHAMPTON, SO30 2EU

Main issues, as the Inspector framed them

• The main issue is whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded
• Whether the appellant has proved on the balance of probabilities that the operational development comprising the laying of sub-base hard core (type one crushed concrete) with concrete cellular 'grasscrete' was substantially completed on or before 25 April 2019
• Whether the appellant has proved on the balance of probabilities that the use of the property changed to use for the parking of motorised vehicles to include heavy vehicles and trailers on or before 25 April 2013 and the use then continued without significant interruption for 10 years after the date of the change
• Whether or not the subsequent building operation comprising of the laying of the tarmacadam constitutes new engineering works which have commenced a new chapter in the planning history for the appeal site

What decided it

The appellant failed to prove on the balance of probabilities the extent/completion date of the grasscrete works and that the parking use had continued for the required ten-year period from the alleged 2013 start date.