Garage makes planning application using ‘ten-year rule’

Pomona Garage in Hereford has applied for a lawful development certificate

Garage makes planning application using ‘ten-year rule’
Photo: Google Street View

A garage in Herefordshire has applied for a lawful development certificate to continue using the premises it has occupied since 2013.

Hereford Volvo Specialists, which operates out of Pomona Garage in Hereford, is currently in breach of two planning conditions, but says the fact that it has ignored them for over ten years means no action can be taken against it.

In a letter to Herefordshire Council, the agent acting for the Volvo specialists says: “Condition 3 of the original approval states that ‘The development hereby authorised shall be carried out by the applicant (Ned Potter Motor Vehicle Services and the use shall ensure only for his benefit.’

“This also applies to condition 3 of [the] application to extend the building.

“Although Ned Potter Ltd is still the current owner, his business migrated to Beech Business Park fully in 2007 whereupon Gerry Doverman Mercedes took a lease on the building until he moved his business to Whitestone in 2013. Hereford Volvo Specialists have been using the building since then for the same use.

“We therefore apply for a lawful development certificate on the basis that the breach of condition began more than 10 years before the date of this application.“

It’s up to Herefordshire Council to decide if the appropriate legal tests have been met. If so, it will grant a lawful development certificate. The council is expected to make a decision in March.

Source: Hereford Times

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