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Planning appeal decision

Notice upheld10 August 20213227438

Trixies Stud, Beeches Road, Rawreth, WICKFORD, Essex, SS11 8TJ

without planning permission: 1. The creation of a bund comprising waste material (trommel fines) to a height of approximately 2m and a length of approximately 63m to the North West and approximately 90m to the North East boundary (as shown hatched on the attached plan). 2. The raising of land levels by deposition of waste material (trommel fines) on the land to a depth of approximately 0.5m, over an area measuring approximately 56 metres x 73 metres. (Shown cross hatched on the attached plan)

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
minerals-waste · Other minor developments
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether, at the date the notice was issued, enforcement action could no longer be taken in respect of the breach (ground (d))
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground (f))
  • Whether the period for compliance falls short of what should reasonably be allowed (ground (g))

What decided it

The appellant failed to prove the waste material breach occurred more than four years before the notice was issued, and could not show the required remedial steps were excessive or the compliance period too short.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.