Riverside Paddocks, New Inn Fields, BORDON, GU35 9LH

without planning permission and within the last 10 years, the material change of use of land to a B8 business use for the storage of builder’s materials and equipment (reclamation tiles and bricks and other materials)

Authority: East Hampshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: employment-industrial · Change of use
Inspector: Howell M

Main issues, as the Inspector framed them

Whether the alleged material change of use has occurred as a matter of fact (ground (b))
Whether, if it has occurred, it amounts to a material change of use of the land given the claimed primary agricultural use (ground (c))
Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground (f))

What decided it

The significant scale of builder's materials and equipment stored on the land was found not to be incidental to the agricultural use, establishing an unauthorised mixed use amounting to a material change of use.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Murfitt v SSE [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Newbury DC v SSE & Mallaburn [1994] JPL 879; Mansi v Elstree RDC [1964] 16 P&CR 154

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