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Notice varied and upheld15 December 20233237992

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

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.

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The decision letter

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More decisions in Rochford

The authority’s record since 2016 · every decision in 2023

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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.

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