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Planning appeal decision

Allowed14 March 20253341960

1 Oak Cottages Oak Lane, Allesley, Coventry, CV5 9DA

Planning appeal 3341960 at 1 Oak Cottages Oak Lane, Allesley, Coventry, CV5 9DA (Coventry City Council) was allowed on 14 March 2025 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to mixed residential and commercial motor vehicle parking/storage and sale (sui generis) on or before 18 January 2014 and continued without significant interruption for 10 years thereafter.

a mixed use comprising residential and the commercial parking/storage and sale of motor vehicles (sui generis)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Phillips A
Postcode
CV5 9DA

Main issues, as the Inspector framed them

  • Whether the Council's decision was well-founded, turning on whether the appellant proved on the balance of probability that the use changed to mixed residential and commercial motor vehicle parking/storage and sale (sui generis) on or before 18 January 2014 and continued without significant interruption for 10 years thereafter

What decided it

The combination of aerial photographs showing consistent numbers of vehicles parked on multiple parts of the site from December 2012 onwards, motor trade insurance records from 2005, and Autotrader sales records confirming continuous vehicle sales activity throughout the ten-year period provided sufficiently precise and unambiguous evidence to prove the use had changed to mixed residential and commercial motor vehicle use by 18 January 2014 and continued without significant interruption.

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