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Dismissed24 September 20243332759

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

Planning appeal 3332759 at Primrose Nurseries, Fairfield Road, Bournheath, Worcestershire, B61 9JJ (Bromsgrove District Council) was dismissed on 24 September 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
B61 9JJ

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 decision letter

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The authority’s record since 2016 · every decision in 2024

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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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