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Planning appeal decision

Allowed30 July 20263366288

Bromley Hayes Garden Centre, Shaw Lane, Riley Hill, LICHFIELD, WS13 8HW

commencement of development of planning permission 20/01836/COUM

Authority
Lichfield District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a certificate of lawful use or development is well founded

What decided it

The photographic evidence from August 2023 showing substantial excavation works at the location of the proposed access drive and bell mouth, combined with the appellant's contemporaneous notice to the Council and approval of pre-commencement conditions, demonstrated that a material operation comprised in the permission had been begun before the three-year deadline of 6 October 2024.

Judgments cited: Malvern Hills DC vs Secretary of State for the Environment [1982] JPL 439; Spackman vs Secretary of State for the Environment and Another [1977] 33 P&CR 430

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.