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Appeal Decisions Appeal Decisions Inquiry opened on 11 January 2011 Site visits made on 10 January 2011, 6 December 2012 and 7 February 2013 by Pete Drew BSc (Hons), Dip TP (Dist) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 10 December 2013 Appeal A Ref: APP/Y3940/X/10/2128884 OS 7400, Hicks Leaze, Chelworth, Cricklade, Wiltshire SN6 6HJ • The appeal is made under section 195 of the Town and Country Planning Act 1990 (hereinafter “the Act”) as amended by the Planning and Compensation Act 1991 against a refusal to grant a certificate of lawful use or development (LDC). • The appeal is made by Mr Robert Cooper against the decision of Wiltshire Council. • The application No. N/09/01315/CLE, undated but stamped as having been received by the Council on 29 September 2009, was refused by notice dated 16 December 2009. • The application was made under section 191(1) (a) of the Act. • The use for which an LDC was sought was described as: “use of land for storage and dismantling of cars, vans, lorry’s, plant and machinery for export and recycling; siting of caravan for residential use”. Appeal B Ref: APP/Y3940/C/12/2173623 Land at Chelworth [also known as “Hicks Leaze” and/or “the Gallows” and/or “the Gallons” and/or “land adjoining the Gallons”], Lower Green, Cricklade, Wiltshire SN6 6HJ • The appeal is made under section 174 of the Act. • The appeal is made by Mr Tony Cooper against an enforcement notice issued by Wiltshire Council. • The Council's reference is 11/435/ENF. • The notice was issued on 17 February 2012. • The breach of planning control as alleged in the notice is: Without planning permission the material change of use of the Land from an agricultural use to a mixed use for the following unauthorised uses: a) the stationing of caravans (some of which have been used from time to time for residential purposes and one of which at the date of issue of this notice is being used continually for residential purposes); and b) the storage of motor vehicles, HGV’s, coaches, cars, vans, caravans, lorries, horse boxes, trailers, containers, commercial storage containers, plant, machinery, vehicle parts, vehicle tyres; and c) the breaking up and dismantling of motor vehicles, HGV’s, coaches, cars, vans, caravans, lorries, horseboxes, trailers; and d) the recycling of motor vehicles, coaches, cars, vans, caravans, lorries, horse boxes, trailers, containers, plant, machinery, vehicle parts, vehicle tyres in connection with the scrap metal and commercial salvage business; e) a scrap metal and commercial salvage business; and f) an import and export business in relation to the unauthorised uses listed at paragraphs 3. a) and 3. b) and 3. c) and 3. d) above; and g) a business selling used/second hand horseboxes, coaches, caravans, cars, HGV and other motor vehicles including the display of such caravans, cars and vehicles for sale; and h) the stationing of a caravan on the Land for use as an office in relation to the unauthorised uses on the Land; and, i) the storage of demolition materials, hard core and building materials. • The requirements of the notice are: a) permanently cease to use the Land for the stationing of residential caravans; and b) permanently cease the residential occupation of all caravans on the Land; and c) permanently remove all caravans occupied for residential purposes from the Land; and d) permanently cease to use the Land for the storage of motor vehicles, HGV’s, coaches, cars, vans, caravans, lorries, horse boxes, http://www.planning-inspectorate.gov.uk Appeal Decisions A & B: Ref APP/Y3940/X/10/2128884 and APP/Y3940/C/12/2173623 trailers, containers, commercial storage containers, plant, machinery, vehicle parts, vehicle tyres; and e) permanently cease to use the Land for the breaking up and dismantling of motor vehicles, HGV’s, coaches, cars, vans, caravans, lorries, horseboxes, trailers; and f) permanently cease to use the Land for the recycling of motor vehicles, coaches, cars, vans, caravans, lorries, horse boxes, trailers, containers, plant, machinery, vehicle parts, vehicle tyres; and g) permanently cease to use the Land as a scrap metal and commercial salvage business; and h) permanently cease to use the Land for an import and export business in relation to the unauthorised uses listed at paragraphs 3. a) and 3. b) and 3. c) and 3. d) above; and i) permanently cease to use the Land for a business selling used/second hand horseboxes, coaches, caravans, cars, HGV and other motor vehicles including the display of such horseboxes, caravans, cars and vehicles for sale; and; j) permanently cease to use the Land for the stationing of caravans used for office purposes; and k) permanently cease the occupation of all caravans used for office purposes on the Land; and l) permanently remove all caravans used for office purposes from the Land; and m) permanently cease to use the Land for the storage of demolition materials, hard core and building materials; and n) permanently remove from the Land all motor vehicles, HGV’s, coaches, cars, vans, stored caravans, lorries, horseboxes, trailers, containers, commercial storage containers, plant, machinery, vehicle parts, vehicle tyres, tools and equipment; and o) permanently remove from the Land all scrap metal and all materials, debris, plant and equipment relating to the Scrap Metal and Commercial Salvage Business; and p) permanently remove from the Land all demolition materials, hard core and building materials; and, q) permanently remove from the Land all demolition materials, debris, plant materials, tools, equipment and associated fixtures and fittings resulting from compliance with the requirements of this notice. • The period for compliance with the requirements is 6 months. • The appeal is proceeding on the grounds set out in section 174(2) (a), (d) and (g) of the Act, ground (f) having been withdrawn by the Appellant. Appeal A: Decision 1. The appeal is allowed and attached to this decision is an LDC describing the mixed use which is considered to be lawful on land at OS 7400, Hicks Leaze, Chelworth, Cricklade, Wiltshire SN6 6HJ. Appeal B: Decision 2. The enforcement notice is corrected by: i) the deletion of the phrase “and/or “the Gallows” and/or “the Gallons”” in paragraph 2 of the notice; ii) the deletion of paragraph 3 of the notice and its replacement as follows: Without planning permission the material change of use of the Land from an agricultural use to a mixed use for the following unauthorised uses: a) the stationing of a caravan for residential purposes; and b) the storage of motor vehicles, HGV’s, coaches, cars, vans, caravans, lorries, horse boxes, trailers, containers, commercial storage containers, plant, machinery, vehicle parts, vehicle tyres; and c) the recycling of motor vehicles, coaches, cars, vans, caravans, lorries, horse boxes, trailers, containers, plant, machinery, vehicle parts and vehicle tyres; and d) an export business in relation to the unauthorised uses listed at paragraphs b) and c) above; and e) a business selling used/second hand horseboxes, coaches, caravans, cars, HGV and other motor vehicles; and f) the storage of demolition materials, hard core and building materials. Subject to these corrections the appeal is allowed and the enforcement notice is quashed. http://www.planning-inspectorate.gov.uk 2 Appeal Decisions A & B: Ref APP/Y3940/X/10/2128884 and APP/Y3940/C/12/2173623 Procedural matters 3. It was agreed at the Inquiry that because the LDC application form is undated it would be appropriate to take the date of the application to be the date upon which it is stamped as having been received by the Council. It was further agreed that whilst the answer to question 7 on the application form might suggest that the LDC also relates to “ existing building works ”, this is not the purpose of the application. I propose to deal with Appeal A on this basis. 4. The evidence given by all witnesses at the Inquiry was taken on oath. The Appellant stated on oath, according to my note of the Inquiry on 27 April 2011, that he traded as Commercial Salvage on OS field parcel No 8316 and as Shinal Motors on the appeal site. He said they were separate businesses and that because breaking vehicles was untidy that this activity was done away from the caravan. He said that breaking and dismantling was all done in the bottom field, i.e. OS parcel No 8316, and that use of the appeal site comprised the storage of vehicles and parts, including the export of complete vehicles and components. On this basis the Appellant agreed to amend the description in Appeal A to exclude dismantling. For the avoidance of doubt the revised description is “ use of land for storage of cars, vans, lorries, plant and machinery for export and recycling; siting of caravan for residential use ”. Subject to my findings of fact I shall deal with Appeal A on this basis. 5. The Inquiry sat for a total of 34 days on 11 January 2011, 26, 27 and 28 April 2011, 6, 7 and 8 December 2011, 24 January 2012, 22, 23, 24, 25, 26, 29, 30 and 31 October 2012, 1 and 2 November 2012, 18 and 19 December 2012, 16 and 17 January 2013, 1 and 7 February 2013 and 15, 16, 17, 18 and 19 July 2013, 22, 23, 24 and 25 July 2013 and 5 September 2013. There were also 2 Pre-Inquiry Meetings ahead of co-joining Appeal B. 6. In addition to the list of documents submitted at the Inquiry I have collated a list of Core Documents, as set out at the end of this decision, comprising appendices and documents attached to the submitted proofs of evidence.
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