1 Pleasant Pastures, New Hey Road, Scammonden, Huddersfield, HD3 3FT

use of the building on the location plan for the repair and refurbishment of plant and machinery

Authority: Kirklees Metropolitan Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Major general industry/storage/warehousing
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use was well-founded, turning on whether the appellant can demonstrate on the balance of probability that the building has been used continuously for a period of ten years for the repair and refurbishment of plant and machinery

What decided it

The appellant failed to discharge the burden of proof on the balance of probability that the building had been used continuously for at least ten years for repair and refurbishment of plant and machinery, as the evidence was insufficiently precise and unambiguous.

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