An appeal has been won for a Bradford based client after they were served an unjust enforcement notice by the local authority earlier this year.
The property owner has resided at the property for nearly 30 years and since 2010 has run a business from the site; using the adjacent single storey garage as a business storage facility.
Bradford Metropolitan District Council issued an enforcement notice due to the alleged breach which was relating to a change of use of the land.
ET Planning immediately launched an appeal on behalf of their clients concluding that the matter is immune from enforcement action.
The importance of evidence in this case
The appeal statement evidenced that the garage had been in use for more than 10 years. Statutory Declarations were also provided from multiple parties to evidence that the business had operated from the garage for a long period of time.
This evidence was key to resolving the case and quashing the enforcement notice as it provides for permitted development on the site and acknowledges that there is no detrimental impact of this site and its operations on the local area and neighbours.
Upon reviewing the case the Appeal Inspector said: “The appellant’s evidence is convincing and is sufficiently precise and unambiguous. Consequently, the appeal on ground (d) succeeds.”
This is a fantastic result and this case evidences that it is entirely possible to quash an enforcement notice when it is unjustly issued.
If you have received an enforcement notice on your site and would like to discuss viable options for how to appeal and proceed, please contact a member of our team today.