Planning appeal decision
The Yard, Murrels Lane, Hockley, Essex, SS5 6AB
Planning appeal 3237992 at The Yard, Murrels Lane, Hockley, Essex, SS5 6AB (Rochford District Council) was allowed in part (a split decision) on 15 December 2023 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt having regard to the Framework, including any relevant effects on the openness of the Green Belt, and with regard to any relevant development plan policies.
Material change of use of land and buildings from general industrial (Class B2) use to a mixed use of general industrial use and the siting of a mobile home for human habitation, together with erection of a steel palisade fence and double gates with a barbed and razor wire top trim
- Authority
- Rochford District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Minor general industry/storage/warehousing
- Inspector
- Dyer S
- Postcode
- SS5 6AB
Main issues, as the Inspector framed them
- Whether the development is inappropriate development in the Green Belt having regard to the Framework, including any relevant effects on the openness of the Green Belt, and with regard to any relevant development plan policies
- Whether the development provides acceptable living conditions for the occupiers of the caravan
- The effect of the erection of the steel palisade fence and double gates with a barbed and razor wire top trim (the fence and gates) on the character and appearance of the surrounding area
- If the development is inappropriate development, whether or not any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development in accordance with the Framework
What decided it
The substantial Green Belt harm from inappropriate development combined with the unacceptable living conditions for the caravan's occupiers was not clearly outweighed by the limited-weight benefits, so very special circumstances did not exist.
The substantial harm to the Green Belt from inappropriateness, together with harm to living conditions and (for the fence/gates) to character and appearance, was not clearly outweighed by the limited or moderate weight benefits (housing contribution, personal circumstances, site security, economic/social benefits, alternative accommodation uncertainty), so the appeal on ground (a) failed.
What the Inspector cited
- Development plan policies
- Policy GB1Policy GB2Policy CP1Policy DM1
- National Planning Policy Framework
- Paragraph 148Paragraph 150
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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More decisions in Rochford
The authority’s record since 2016 · every decision in 2023
- Dismissed1 October 20266008122Milan Villa, Hyde Wood Lane , Canewdon, Rochford, SS4 3RR
- Quashed On Legal Grounds2 September 20263375598Lime House The Drive, Rayleigh, SS6 8XA
- Notice varied and upheld2 September 20263372996Land at Limehouse Nursery (Also Known As 401 Eastwood Road), The Drive, Rayleigh, Essex, SS6 7LJ
- Allowed9 July 202660048639 College Gardens, Rochford, SS4 1YL
- Dismissed4 June 20266006133The Barns, Blounts Farm, Murrels Lane, SS5 6AB
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.
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