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Planning appeal decision

Quashed On Legal Grounds4 August 20223254396

The Land Known As Romford Halal Meat Company / Palmers Wholesale Butchers, Folkes Lane, Upminster, RM14 1TH

Planning appeal 3254396 at The Land Known As Romford Halal Meat Company / Palmers Wholesale Butchers, Folkes Lane, Upminster, RM14 1TH (London Borough of Havering) was decided (quashed on legal grounds) on 4 August 2022 by Inspector Thompson F, following a hearing. The main issue, as the Inspector framed it: Whether the mobile homes constitute caravans (a use of land) or operational development (buildings), for the purposes of the appeal on ground (b).

without the benefit of planning permission, the material change of use of part of the land for residential use through the siting of eight mobile homes for residential use

Authority
London Borough of Havering
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Thompson F
Postcode
RM14 1TH

Main issues, as the Inspector framed them

  • Whether the mobile homes constitute caravans (a use of land) or operational development (buildings), for the purposes of the appeal on ground (b)
  • Whether it was too late for the Council to take enforcement action because the breach of planning control had subsisted for more than ten years, for the purposes of the appeal on ground (d)

What decided it

The evidence showed, on the balance of probabilities, that the mixed use of the land as an abattoir with five mobile homes had continued substantially unbroken for more than ten years, and that the later addition of three further mobile homes did not constitute a material change of use, so the use was immune from enforcement action.

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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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