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Dismissed24 September 20243347064

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

Planning appeal 3347064 at 1 Pleasant Pastures, New Hey Road, Scammonden, Huddersfield, HD3 3FT (Kirklees Metropolitan Council) was dismissed on 24 September 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
HD3 3FT

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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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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