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Planning appeal decision

Allowed2 April 20263363143

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

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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More decisions in Malvern Hills

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld20 August 20263376591
    54 Malvern Road, Powick, Worcester, WR2 4RT
  2. Notice upheld25 March 20253346544
    Land Adjoining Fartown Farm, Pensax, Abberley, Worcester, WR6 6AE
  3. Split Decision18 November 20243342762
    Crowcroft House Farm Crowcroft, Leigh Sinton, Malvern, WR13 5ED
  4. Planning permission granted18 September 20243334212
    Land on North West Side of Willow Road, Martley, Worcester, WR6 6PS
  5. Dismissed10 November 20233321746
    Deer 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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