®Planning appeal decision
Notice varied and upheld17 January 20223232527
Land at Land to the north of Brooklands, 182 Main Road, Broomfield, CHELMSFORD, Essex, CM1 7AJ
without planning permission, the material change of use of the land as an operating base for a landscape contractor's business
- Authority
- Chelmsford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Dyer S
Main issues, as the Inspector framed them
- Appeal A ground (d): whether the material change of use of the site to an operating base for a landscape contractor's business occurred before 31 May 2009 and continued without significant interruption for 10 years so as to be immune from enforcement action
- Appeal B ground (b): whether the matters alleged in the notice, namely the use of the land for storage that is not incidental to the enjoyment of the dwellinghouse, have occurred
What decided it
For Appeal A the decisive factor was the lack of precise and unambiguous evidence proving the change of use predated 31 May 2009 by the required 10 years; for Appeal B it was the finding that the storage use was incidental to the enjoyment of the dwellinghouse and therefore the alleged breach had not occurred.
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.