4 vs 10 years

Q: I’ve recently lost an appeal against a breach of planning, basically we sold our house and retained part of the garden which we have stored our caravan and various items inc  diggers/dumpers/trailers etc.

The LPA have corroborate that I have stored these items on there for over 5 years and if I’m correct I  only need 4 years for existing use (B8) under the CLEUD?

The planning dept have said it’s £462 and has to be seen by an appointed planner-I have been trying to get planning to build something on there for several years and are at loggerheads with them!

A: The 4 year rule only applies for use as a dwellinghouse and not for a commercial activity. The proof of evidence for an open Class B8 use is 10 years under S171b of the Town and Country Planning Act. 

If you have 10 years proof of evidence then we may well be able to assemble a case to assist you. The alternative is that you simply continue to use the land for another 5 year period albeit you will be liable to enforcement action at any time in that period. 

On the basis however that you have recently lost an appeal on this point the Council are permitted to now serve an enforcement notice which will have the effect of rendering the 10 year period null and void.