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Planning appeal decision

Dismissed24 September 20243332759

Primrose Nurseries, Fairfield Road, Bournheath, Worcestershire, B61 9JJ

B8 - Storage or distribution

Authority
Bromsgrove District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hanson S

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue an LDC was well-founded, turning on whether the appellant can show that the use of the site for storage or distribution (Use Class B8) occurred at least 10 years before the date of the application and that use continued without significant interruption thereafter so as to be immune from enforcement action

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate that a B8 storage or distribution use, distinct from HGV parking, had occurred continuously for at least 10 years prior to the application date.

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.