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Planning appeal decision

Allowed2 April 20263363143

Land At (Os 7739 5363), Brockamin Lane, Leigh, Worestershire, WR6 5JZ

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.