®Planning appeal decision
73 South Drive, Bolton-Upon-Dearne, ROTHERHAM, South Yorkshire, S63 8JZ
‘Without planning permission, the material of change of use of the Land to a mixed use of a dwellinghouse and the operation of a motor vehicle repair and maintenance business.’
- Authority
- Barnsley Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Griffin E
Main issues, as the Inspector framed them
- Whether the appellant has shown, on the balance of probabilities, that the material change of use took place on or before 8 January 2014 and continued without significant interruption for at least 10 years thereafter
What decided it
The appellant failed to prove, on the balance of probabilities, that the material change of use to a mixed dwellinghouse/motor vehicle repair use began before 8 January 2014 and continued without significant interruption for 10 years.
Judgments cited: Mansi v Elstree RDC[1964] 16 P&CR 153; Gabbitas v SSE & Newham LBC [1985] JPL 630
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.