Planning appeal decision
Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ
Planning appeal 3363143 at Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ (Malvern Hills District Council) was allowed on 2 April 2026 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a lawful development certificate was well-founded, turning on whether the land has been used for storage of materials and equipment associated with a landscaping business for a continuous period of at least ten years prior to the date of application without material interruption.
the existing use of land for storage of materials and equipment associated with a landscaping business
- Authority
- Malvern Hills District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- employment-industrial · Minor general industry/storage/warehousing
- Inspector
- Hanson S
- Postcode
- WR6 5JZ
Main issues, as the Inspector framed them
- Whether the Council's refusal to grant a lawful development certificate was well-founded, turning on whether the land has been used for storage of materials and equipment associated with a landscaping business for a continuous period of at least ten years prior to the date of application without material interruption
What decided it
The combination of the appellant's credible statutory declaration, consistent aerial imagery showing repeated presence of stored materials over many years, historic Council acknowledgement of the use, and third-party corroboration provided sufficient evidence on the balance of probabilities that the front section had been in continuous use for the requisite ten-year period, whereas the rear section lacked equivalent evidential support.
The decision letter
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With an account
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More decisions in Malvern Hills
The authority’s record since 2016 · every decision in 2026
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- Split Decision18 November 20243342762Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
- Planning permission granted18 September 20243334212Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS
- Dismissed10 November 20233321746Deer View, Wadborough Road, Kempsey, Worcs, WR5 3QH
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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