The firm had erected a sand storage bin, aggregate storage bins, a batching plant, a control cabin and two silos. It claimed that the developments were permitted under class B, part 8, schedule 2 of the General Permitted Development Order 1995, which allows the installation of plant and machinery provided they do not materially affect premises' external appearance or exceed 15m in height. It pointed out that the order makes no reference to the size, bulk or volume of the plant or machinery in assessing whether an impact is material.
The inspector noted that the appellants had installed the plant when the previous occupiers left in 2006 and took their batching plant and storage facilities with them. Although the batching plant was more compact than the original, he found that it involved a totally different design. The sand storage container also had a very different appearance from the previous wooden structure. While conceding that some elements were smaller than the previous structures, he held that they had a different profile and appearance so were not permitted development.
DCS Number 100-058-399
Inspector Doug Morden; Inquiry.