Land at Land to the North of Brooklands, 182 Main Road, Broomfield, Chelmsford, Essex, CM1 7AJ

Planning appeal 3232527 at Land at Land to the North of Brooklands, 182 Main Road, Broomfield, Chelmsford, Essex, CM1 7AJ (Chelmsford Borough Council) was allowed in part (a split decision) on 17 January 2022 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: CM1 7AJ

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 decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.