®Planning appeal decision
Stanwell Farm Bedfont Road, Stanwell, STAINES-UPON-THAMES, TW19 7LY
Without planning permission, the material change of use of the Land to use as a Builders Merchant (sui generis) Without planning permission the erection of a warehouse building (the approximate location of which is shown [with an “X”] and hatched in black on the attached plan) Without planning permission the erection of two structures (the approximate location of which are shown [with a “Y” and “Z”] and hatched in red and blue respectively on the attached plan)
- Authority
- Spelthorne Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether the matter alleged (use as a Builder's Merchant) has occurred as a matter of fact and, if so, whether it constitutes a breach of planning control (grounds (b) and (c))
- Whether the lawful use established by the 2004 LDCs has continued and has not been lost (ground (d))
- Whether the requirements of the notice exceed what is necessary to remedy the breach (ground (f))
- Whether the period for compliance falls short of what should reasonably be allowed (ground (g))
What decided it
The Inspector's finding that the Builder's Merchant use was the single primary use occupying the whole site, materially different from the uses certified by the 2004 LDCs, meant none of grounds (b), (c) or (d) could succeed.
The benefit of allowing the tenant sufficient time to relocate the Builder's Merchant business was weighed against the harm of prolonging the unlawful use and undue financial benefit to the landlord, resulting in a 12-month compliance period as a reasonable compromise rather than the 6 months in the notice or the 24 months sought by the appellant.
Judgments cited: Mansi v Elstree RDC [1964] 16 P & CR 154; Sharma v SSCLG & Others [2018] EWHC 2365 (Admin)
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.