Biodiesel sales banned at industrial site

An enforcement notice requiring the sale of biodiesel at an industrial unit in Birmingham to cease has been upheld after an inspector rejected the appellants' arguments that it was incidental to the lawful use of the land.

The city council maintained that the fuel was not manufactured on the land, which had a general industrial use. The inspector noted the statement in paragraph 3(6)(d) of the Use Classes Order 1987 that the sale of motor fuel does not fall within any specific use class. On that basis, he decided that it could not be ordinarily incidental to the site's lawful use.

The council asserted that the sales adversely affected highway safety because vehicles waited on the road in front of the site. The inspector agreed that vehicles parked to await fuelling created an unsatisfactory situation. He decided that a condition suggested by the appellants restricting the number of vehicles arriving at the site would not be enforceable.

DCS Number 100-050-382

Inspector David Baldock; Written representations.

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