CASEBOOK: Appeal cases; Commercial and Industrial - Same use class held to cover car and timber storage

In granting a lawful development certificate (LDC) for the storage of motor vehicles on a site in Buckinghamshire, an inspector has accepted that an existing certificate allowing the storage of timber meant that both uses fell within class B8 of the Use Classes Order 1987.

The council had granted the LDC for open storage of timber without reference to any use class or to the nature and extent of the use. On this basis, the appellant claimed that under section 55(2)(f) of the Town and Country Planning Act 1990, a change of use within the B8 use class would not involve development of land and thus the storage of motor vehicles was lawful.

The inspector agreed that even if the previous LDC did not refer to a specific use class, this did not mean that the storage of timber fell outside class B8. It would have been open to the council to have modified the certificate to make the nature and extent of the lawful use clearer, but it had not done so, he noted.

The inspector accepted the appellant's claim that the long-term storage of motor vehicles until required by car dealers amounted to a storage rather than a parking use. In view of the open storage use granted permission by the council, he ruled that a further certificate for the storage of motor vehicles was justified.

DCS No: 31740550; Inspector: Richard Pratt; Written representations.


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