CASEBOOK: Appeal cases - Commercial and Industrial - Skip hire and waste use held materially different

An inspector has upheld two enforcement notices directed against the use of 0.3ha of land in Hampshire for a skip hire business and waste storage, concluding that both uses were materially different in planning terms from the lawful use of the site.

An established use certificate granted in 1982 authorised the use of the land as a plant, haulage and breaker's yard together with storage of tyres and vehicles. The appellant argued that this was not materially different from a skip hire business that was ancillary to the haulage yard. But the inspector noted that the certificate made no mention of skips and skip hire.

While there might be some element of similarity, such as the use of lorries and cranes on the site, he judged that this use was entirely different.

He agreed with local residents that on the balance of probability, the skip hire use commenced in 2001 in association with the handling and disposal of waste.

He held that the waste-handling operation was also unrelated to the lawful use of the site for the storage of tyres and vehicles, since this did not authorise other wastes to be imported, stored and disposed of. Because the skip hire use and waste processing and disposal were so intertwined, he ruled, it followed that the waste operation had also started in 2001 and was therefore not immune from enforcement action.

DCS No: 53386272; Inspector: John Whalley; Inquiry.

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