Casebook: Appeal cases - Leisure and entertainment. Model aircraft flying judged change of use

In rejecting a lawful development certificate for the use of a former aerodrome in Devon for flying model aircraft, an inspector has decided that the uses are materially different in planning terms.

The site had been a civil pilot training school in the 1920s and 1930s.

During the Second World War it became a Royal Naval Air station and then an RAF gliding school. In the 1960s its use for flying full-sized aircraft ceased. The inspector decided that flying model aircraft fell within the D2 assembly and leisure use class and was materially different from the former aerodrome use.

She concluded that although the activity had operated over many years its intensity had been relatively low key and intermittent. It had not been demonstrated that use of the site for more than 28 days per annum, the level permitted under part 4, schedule 2 of the General Permitted Development Order 1995, began more than ten years before the date of the application, she decided.

DCS No: 46645851; Inspector: Anne Parkhill; Inquiry.

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