Straw bale and road planing storage unlawful

A LDC seeking confirmation that an area of hardstanding at a Cheshire farm could be used for the storage of hay bales and road planings was rejected because the ten-year period required for immunity had not been demonstrated.

The appellant’s suggestion that the site had initially been used to store lime for use in connection with a nearby water treatment plant was rejected because the council’s evidence confirmed that it was a waste by-product. Much the lime had been excavated for use on the farm and no longer lay within the application site. Only in the past two to three years had the site been used for importing and storing materials used in road re-surfacing. Nor was there any evidence that it had been used to store hay bales, a local resident living opposite the site confirming that they were present for only 18 months prior to the current application.

Inspector: Thomas Shields; Written representations


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