Constanze Bell successfully represented Bromsgrove District Council (the LPA) in an appeal against an enforcement notice alleging a change of use to a B2, B8 industrial use which included the operation of an industrial log splitting and sales business.
The appeal decision will be of interest to planners and lawyers grappling with cases where the extent of the planning unit is in dispute and there are questions regarding whether there is one planning unit or multiple planning units. The Inspector agreed with the LPA’s position and determined that the site was one planning unit in composite mixed use (at [38]-[44]).
The Inspector went on to determine that there had been significant changes to the mix of uses on site and a discernible change in its character over time such that a material change of use had occurred which was not immune from enforcement action.
The Inspector determined that the considerations in favour of the development did not outweigh harm to openness, visual amenity and harm caused by inappropriateness. Harm to the living conditions of residents had occurred and would occur (if planning permission were to be granted) to an ‘unacceptable degree’.
The issues surrounding the use of the site were extensively covered in the local press.
