A car sales and repair business in Finchampstead is now back in pole position thanks to ET Planning and their defence of a recent enforcement notice that was served by Wokingham Borough Council.
The site in question has been used lawfully for car repairs and maintenance for a period of over 50 years. In recent years the use of the site changed to include car sales and an associated repair workspace.
Why was an enforcement notice issued?
At enforcement notice was issued with reasons noted that the unlawful change of use would impact the character of the local area and cause noise disturbance to residents.
What was ET Planning’s approach to this case?
ET Planning appealed the enforcement notice on behalf of their client making key statements as to why this action was not only unreasonable but also unjustified.
Firstly in terms of the character of the area, ET Planning explained that the bulk mass of the site was unchanged; there were no changes to the buildings or the appearance of the site with this change of use. They also note that a petrol filling station was previously sited nearby which also demonstrates that there is an established character of the surrounding area to contain both residential and commercial uses.
With regards to possible noise disturbance the enforcement appeal statement made a comparison to the sites previous use to its current use and showed that there was no major difference in the intensity of the activities at the site that would affect nearby residential amenity.
ET Planning concluded that the proposed change of use would not have any further impact on the local area compared with the last lawful use of the site.
What was the outcome of this case?
A Planning Inspector reviewed this case based on the appeal statement prepared by ET Planning. The Inspectorate sided with the evidence provided by ET Planning and so the enforcement notice was quashed and planning permission for the lawful change of use was granted.
ET Planning have now informed their client of the good news – much to the relief of their client who can now retain his business and his livelihood.