Flexibility of use condition objected to by appellant

Varying the terms of a condition imposed on a development of employment units in west London was dismissed because the appellant objected to the precise wording of a revised condition.

The existing condition sought to restrict use of the units to those falling within Class B1(c) only. Nonetheless the council agreed that any uses within Class B1 were acceptable and put forward an alternative condition providing greater flexibility. In welcoming the change the appellant nevertheless objected to reference to the use classes order and GPDO 1995 which would fetter the ability for Class B8 uses to be introduced under permitted development rights.

A condition which sought to limit the use of the units without reference to the statutory instruments would be unenforceable and imprecise. Moreover there was no evidence to indicate that the appellant would not be able to let them for Class B1 employment purposes. A storage use including self-storage would not for example be likely to generate as many employment opportunities in comparison with commercial activities within the Class B1 range the inspector held and dismissed the appeal.

Inspector: Jacqueline Wilkinson; Written representations

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