The appellant said it had always been the intention to repair vehicles that failed their MoT test. The council feared that allowing vehicle repairs would mean that the unit would be used for general industrial purposes, affecting the amenity of nearby residents. The inspector noted that the application did not expressly seek permission for repairs but stipulated that vehicles would simply be tested for regulatory compliance.
He reasoned that removal of the condition, which prohibited the repair and maintenance of motor vehicles, would not enable such activities to be carried out because the lawful use of the unit was for class B1 business purposes. A further permission would be required to allow its use for vehicle repair, he held. He concluded that he could not allow an appeal seeking to fundamentally change the nature of the permitted use.
DCS Number 100-050-408
Inspector John Pybus; Written representations.