The Planning Inspectorate Appeal Decision 4/11 Eagle Wing Temple Quay House 2 The Square Temple Quay Inquiry held on 31 March 2010 Bristol BS1 6PN 0117 372 6372 email:
[email protected] by Derek Thew DipGS MRICS ov.uk Decision date: an Inspector appointed by the Secretary of State for Communities and Local Government 16 April 2010 Appeal Ref: APP/V4250/X/09/2108937 Land rear of 247-255 Tyldesley Road, Atherton, Manchester, M46 9AD • The appeal is made under section 195 of the Town and Country Planning Act 1990 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 C Ince against the decision of Wigan Metropolitan Borough Council. • The application ref. A/09/72615, dated 10 March 2009, was refused by notice dated 5 May 2009. • The application was made under section 191(1)(a) of the Town and Country Planning Act 1990 as amended. • The uses for which a certificate of lawful use or development is sought are: (a) parking and storage of private and light commercial vehicles; (b) storage of building materials; and (c) garage workshop used for running repairs to fleet of vehicles; within Use Class B1(c). • Oral evidence at the inquiry was given on oath. Decision 1. I dismiss the appeal. Reasons Legal Background 2. The application for a certificate of lawfulness was submitted on 10 March 2009. For this appeal to succeed it needs to be demonstrated, on the balance of probability, that the uses for which a certificate is sought commenced 10 years or more before that date, continued thereafter for an unbroken period of 10 years, and had not been replaced by any other use at the date of the application.