Loading bay allowed as access validated

An inspector has struck down an enforcement notice and granted permission for retention of a covered loading bay after concluding that the formation of a vehicular access and hardstanding that served an abattoir in Staffordshire was lawful.

The appellants claimed that the access was permitted under class B, part 2, schedule 2 of the General Permitted Development Order 1995 because it served a new area of hardstanding authorised under class C. The council asserted that these rights did not apply because the development had occurred outside the planning unit associated with the abattoir. It also maintained that the hardstanding was not permitted because it had been laid out as part of a single operation along with construction of the loading bay, which required planning permission.

The inspector decided that the area subject to the enforcement notice lay within the abattoir boundary and benefited from class B and C rights. The hardstanding could exist independently from the loading bay and could have been created without it, he held. These elements did not require planning permission because they were permitted development, he decided. The covered bay could be retained subject to limits on hours of use and a ban on unloading live animals, he concluded.

DCS Number 100-050-801

Inspector Francis Farrimond; Inquiry.

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