Owner told to clear yard near Newport after losing planning battle
The owner of a former builders’ yard near Newport has been given a six-month deadline to clear the site, after losing a legal battle for planning permission.
Lorraine Jones has co-owned the site off Barrack Lane, Lilleshall, since summer 2018, and applied for a certificate allowing it to be used for storage and distribution, arguing that the yard had been used that way with tacit permission from the authorities since the 1960s.
Two hundred local people wrote to object to that bid, including 14 who signed affidavits, and Telford and Wrekin Council turned it down in December.
An enforcement notice, addressed to Mrs Jones, now gives her until November to clear the site of trailers, vehicles, container units, hardstanding and a 300ft earth bund at the south and east edges.
The “lawful development certificate” application, made in the names “Mr M Jones and Mrs L Jones” by their agent, FBC Manby Bowdler LLP, said: “Part of the property has the benefit of an Established Use Certificate, dated September 30, 1981.
“The EUC confirms that the nature of the use of the property had remained consistent since the end of 1963.
“The applicants’ case is that the long-standing use of the property for storage has accrued lawful status, having continued for a period in excess of 10 years.”
Impact
But, in a refusal decision letter, Telford and Wrekin Council solicitor Ian Ross said the evidence provided by Mr and Mrs Jones was not “sufficiently precise and unambiguous” to show uninterrupted B8-class use. Affidavits said the site had been used differently, or left as wasteland, at points during that period.
An enforcement notice, issued last week, signed by Principal Enforcement Officer David Jones and addressed to Mrs Jones, said: “The council considers that the unauthorised development is an inappropriate use in this location, which is not considered to relate to agriculture or forestry or assist in the diversification of the rural economy.
“The development results in an increase of vehicular traffic, including heavy goods vehicles, to the rural road system, which will have a detrimental impact.
“Additionally, given the close proximity of a public right of way, the increased traffic may also result in conflict between vehicles and pedestrians.”
The notice requires Mrs Jones to stop using the land for storage and distribution of trailers vehicles and container units, remove them from the site and “restore the land to its previous condition by removing from the land all stone, brick and any other hardcore laid to create hardstanding, and by removing from the land the earth bunds” within six months. The notice takes effect on May 19, unless Mrs Jones appeals to the Planning Inspectorate.
