Appeal Dismissed — the UK
ENA-230-2462
Land 24M South Of 56 Old Burdiehouse Road, EH17 8BH
The appeal decision concerns an enforcement notice issued by the City of Edinburgh Council regarding a site at 24 meters south of 56 Old Burdiehouse Road, Edinburgh. The notice alleged a material change of use of the land for storage, a workshop, and a personal fitness studio, alongside operational developments including the erection of an industrial shed and hard surfacing. The main issues revolved around whether the alleged breaches of planning control were immune from enforcement action under the Town and Country Planning (Scotland) Act 1997, and whether the steps required by the enforcement notice were excessive. The Reporter found that the uses of the land had not been established for the requisite ten years to claim immunity and thus upheld the enforcement notice. However, he determined that certain elements, such as the industrial shed and associated hardstanding, were immune from enforcement action due to their substantial nature and completion prior to the initial enforcement action. In terms of the steps outlined in the enforcement notice, the Reporter concluded that while the requirement to cease the unauthorized uses was justified, the demands to remove the industrial shed and all hard surfacing were excessive. Consequently, he varied the enforcement notice to require only the removal of hard surfacing from the southern part of the site and restoration of that area, excluding the boundary treatment. Ultimately, the appeal was upheld in part, with the enforcement notice maintained but modified as specified. The Reporter noted that the appellant's lack of awareness of the need for permissions was not a relevant factor in his assessment.
.png&w=1080&q=75)