Is building material storage part of usage class B8

[Randomiser]

Not sure if anyone can help, but thought it worth a try.

 

We continue to try and have the power company deal with the power line over our site, but now a new concern has arisen.

 

Almost opposite is a piece of land that has always looked very overgrown and unused.  I have now found out that the owners have received a certificate of lawfulness for the land and some old very decrepit buildings for use as storage for building materials and equipment, as apparently under all the brambles etc. there have been lurking various bits of building equipment.  I have tried to look in to what this means but can't find out exactly from online enquiries so far.

 

The certificate simply refers to storage of building materials and equipment and does not reference a use class.  As far as I can make out storage of building materials falls under class B8, but the description for that class in the legislation is very succinct, it says:

"Class B8. Storage or distribution

Use for storage or as a distribution centre."

 

Does anyone know if storage of building materials and equipment is designated as being B8 usage?

If it is, even though the certificate does not refer to classification as B8 does this mean the land can now be lawfully used under class B8?

 

The concern is that if the land is now classified as B8 the owner can use it for storage of pretty much anything and use the site as a "distribution centre".  This could suddenly mean there is a huge increase in the amount of traffic and the size of vehicles using the road.

 

Any insight much appreciated.

 

 

[Randomiser]

19 minutes ago, Sensus said:

A certificate of lawfulness is not the same as planning permission (which is why the certificate does not state the use class).

 

Importantly; if the 'lawfulness' exists under the 4/10 year rule (ie. Section 171B of the TCPA), the use must remain continuous for it to remain lawful. Your description of the land as 'very overgrown and unused' is immediately  suggesting that the previous 'lawful' use for storage of building materials has been abandoned.

 

...But it would take enforcement action following an attempt to re-establish the use to determine that with any certainty.

 

ETA: To get it 'on the record', you could try asking the LPA to come out and view the land, and give an opinion on whether the previously lawful storage use appears to them to have been abandoned.

 

The lawfullness certificate is recent.  It is exactly as you say, based on the site being used for that purpose for the last 10 years and no enforcement activity being taken.  The officer specifically said in their report that storage can be long term and the fact that the site became overgrown does not change the fact that material and equipment were being stored there.  I don't think there is much scope to fight the right to use the land for storage of building material and equipment, my concern is that the granting of this certificate confirms B8 status and therefore allows storage and distribution more generally.

 

Any further thoughts much appreciated.

 

 

 

[Ferdinand]

Maintain an occasional photographic record with dates ... just in case.

 

And perhaps check on the Google Streetview timetravel feature, just in case it tells you anything more. Should give you occasional snapshots back to 2007.

 

Ferdinand

[Randomiser]

2 hours ago, Sensus said:

 

Then yes, provided the use remained continuous and unbroken, it could be intensified within the B8 classification and it would be difficult to enforce against it.

 

Edited to add: A Certificate of Lawfulness does not confer any Permitted Development rights, of course, so any intensification of use that required material development would still require Planning Permission for that development.

 

And, yes; before someone asks, I have already considered Section 171BA of the TCPA when arriving at the advice given above.

Thanks for this, extremely helpful.  Can I just check I am understanding what you have said correctly?

 

By granting the certificate of lawfulness the council has agreed that the land and very run down buildings are OK for B8 (storage and distribution) basically because there was no enforcement to stop that use in the required time period.  However, the granting of the lawfulness certificate is not the same as having granted planning consent for the land and buildings for B8 use.  Therefore, even though under B8 there are permitted development rights that allow an additional building (warehouse) as long as it abides by rules on size, height, location, etc. (https://www.planningportal.co.uk/info/200130/common_projects/55/warehouses_and_industrial_buildings), in this case they could not use those to expand the use of the site as they never received planning consent for it?  Is that right?

 

If it is I think it would be useful to get the local planners to confirm this, ideally in writing.  If I go to speak to them, do you know what law I need to refer to that says a certificate of lawfulness doesn't give them permitted development rights?

 

Again, many thanks for your help.

[Randomiser]

54 minutes ago, Ferdinand said:

Maintain an occasional photographic record with dates ... just in case.

 

And perhaps check on the Google Streetview timetravel feature, just in case it tells you anything more. Should give you occasional snapshots back to 2007.

 

Ferdinand

Thanks for this.  If I can get the council to confirm there is no permitted development right to expand the use of the site I will definitely keep a record of what is on the site in case it changes.  I have never heard of Google Streetview timetravel before, I will see if I can find it.

[Ferdinand]

1 hour ago, Randomiser said:

Thanks for this.  If I can get the council to confirm there is no permitted development right to expand the use of the site I will definitely keep a record of what is on the site in case it changes.  I have never heard of Google Streetview timetravel before, I will see if I can find it.

 

It gives you you access to previous scans of their database by a date slider.

 

eg

 

http://home.bt.com/tech-gadgets/internet/travel-back-in-time-with-google-street-view-11363960715817

Edited September 10, 2019 by Ferdinand