Land on Corner of Humber Road and Town Street, South Killingholme, North Lincolnshire, DN40 3BT

without planning permission, the change of use of agricultural land to land for storage (of scaffolding materials)

Authority: North Lincolnshire Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Jones D

Main issues, as the Inspector framed them

Whether or not the material change of use of the appeal site to the storage of scaffolding materials commenced more than 10 years prior to the issue of the enforcement notice, such that the development is immune from enforcement action under ground (d)

What decided it

The appellant's evidence as to when the material change of use commenced was inconsistent, contradictory, and not sufficiently precise and unambiguous to prove on the balance of probability that the use began more than 10 years before the notice was issued.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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