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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I would like clarification of a use class please. My client

This answer was rated:

I would like clarification of a use class please. My client uses a small part of a car park serving a horticultural holding for 'the parking of vehicles, caravans, boats and horse trailers' (nine spaces total for which he charges a fee to the users). The LPA accepted the above description in a retrospective planning application but added (without consultation): (B8 storage and distribution) to it.
Please note that the parking of trailers etc by the users is transient (they come and go) and there is certainly no 'distribution'
The Officers recommended approval to the application but it was refused by the Committee and is now the subject of an enforcement notice the alleged breach in the Notice being: 'change of use of land from agricultural use to land used for B8 storage and distribution'.
I would appreciate you view on whether the use clearly is a B8 use or maybe sui generis?
Other questions could follow!
Andy Bower
tel 01903 239115

it is the LPA who at the almost last say and if they do not come up with
un an acceptable determination, it is a case of appealing to the Secretary of State.

depends whether the use is ancillary. I'm sorry to have to tell you on these
facts, and by virtue of what is being parked, caravans, boats, and horse
trailers, and also the fact that he charges for that use, I do not think it

It is
a fact of storage that anything which is being stored comes and goes otherwise
it may as well be disposed of.

you say that the notice is change of use of land, it should be change of use of
part of land and in my opinion, they can only enforce (which I am sure they are
trying to do) on that small part of land with regard to the storage. Remember
that it is not distribution that is the issue, it is the storage. It just happens
that the 8covers both.

sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading. I have a duty to advise you truthfully and honestly
even if that answer is unfavourable.

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Customer: replied 4 years ago.

Thank you for this reply which assists me a lot on how to approach the case. I might have follow up question next week after I have looked at the matter further.

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