®Planning appeal decision
Land known as Tomlins Used Car Centre, Birmingham New Road, Dudely, DY1 4PD
Without planning permission and within the last 10 years: (i) the unauthorised change of use from car sales to car sales with car wash & valeting services; (ii) the erection of gates, as illustrated in Plates 1, 2 and 3 enclosed; (iii) the erection of Structure A, as illustrated in Plate 4 enclosed; (iv) the erection of structure/outbuilding B, as illustrated in Plate 5 enclosed; (v) the erection of structure/outbuilding C, as illustrated in Plate 6 enclosed; and (vi) the laying of hardstanding, as illustrated in Plate 7 and coloured pink on the Plan for the storage of cars to facilitate the unauthorised change of use from car sales to car sales with car wash and valeting services
- Authority
- Dudley Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Dignan P
Main issues, as the Inspector framed them
- Whether the matters comprising a breach of planning control alleged in the notice have occurred as a matter of fact
- Whether the car wash and valeting is ancillary to car sales or constitutes a material change of use requiring planning permission
- Whether the operational development constitutes a building
- Whether immunity from enforcement applies due to the passage of time
- Whether the requirements of the notice are proportionate to remedy the breach
What decided it
The car wash and valeting use is materially different from and dominant over the permitted car sales use, constituting a material change of use requiring planning permission, and the appellant failed to establish immunity from enforcement action.
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.