Mr M Scott, Bagby Airfield, Bagby, Thirsk, North - Hambleton District ...

223. The details set out by the appellant in their application for planning approval
for the 2010 scheme stated that the existing use of the site was for “airfield,
aircraft parking, storage, repair, maintenance, refuelling, aircraft hire, flying
lessons, training, clubhouse with bar and dining facilities.” The use of the site for
aircraft hire, flying lessons, training have not been established as lawful uses.
The uses are however uses that may be anticipated to operate from any airfield
and the matter of whether they require planning permission is therefore a matter
of fact and degree. No evidence has become available to the Council to
demonstrate that on the balance of probability that the level of use for aircraft
hire, provision of flying lessons or training have reached a level that requires
planning permission for a change of use.
224. Change of use frequently is a gradual process, involving fluctuations in
intensity and shifts in precise location. Pinpointing the date of a breach of
planning control is often, therefore, difficult. In such cases, the only effective test
is to compare the present use with the previous use, or (as in this case) the use
in the base year (ten years prior to the date of the application) and assess
whether there has been any material change in use. This test was expressly
endorsed in Thurrock BC v. SoSE [2001] EWHC Admin 128
225. The lawful use of Bagby Airfield is as an airfield subject to the limitations of
the physical extent, condition and facilities at the airfield and those uses and
activities that have existed throughout the last 10 years.
226. The physical limitations include the size of the runway, its width and length,
gradient, drainage and surfacing, all of these have been noted to have changed
overtime, with particular importance are the additional matting on the runway and
provision of hangar. These are in breach of planning control and subject to the
2009 Enforcement Notice. The nature of the use has changed as a consequence
of the physical changes. The use of hangars for storage of aircraft and for
maintenance has the potential to change the character of the use.
227. The lawful use of the airfield is not as it is seen today.
228. Some important changes occurred in 2007 with the laying of matting and
provision of concrete section to runway and apron. Construction of additional
Hambleton District Council - Tim Wood – Proof of Evidence - 51 -